Bombay High Court hits at BMC for breaking Shivaji Park rules

Bombay High Court (BHC) today ordered the state government to form a committee headed by chief secretary and heads of various departments to look into a solution for Shivaji park residents who face problems as the municipal corporation takes over the recreational ground of the area to celebrate Baba Ambedkar's death anniversary.

This year, December 6 will mark the 60th year of Ambedkar's death anniversary and large number of devotees are expected to converge at Dadar Chaityabhoomi where he was cremated.

BHC is hearing a petition filed by the residents of Shivaji park where it is alleged that to mark the preparations for December 6, the municipal corporation takes over the recreational ground at the beginning of the month but this time around they took over the ground much earlier i.e. on November 22.

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The state government had recently increased the number of days for which the ground can be used for non-recreational purpose which includes programmes like that on December 6, Dussehra rally by the Shiv Sena or other festivities and other rallies by MNS. All the programmes have to be managed within 45-days and thus for preparing the ground for Ambedkar's death anniversary and to set the ground back to its original form, seven days are given to Brihanmumbai Municipal Corporation (BMC). However the agency told the court that this being the 60th death anniversary for Ambedkar, more than eight lakh people are expected to reach the ground and thus the ground had to be prepared much in advance to take care of such a huge crowd.

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Noting this, the Bombay High Court said that because of this change, other festivities and programmes will have to see a reduction of days if the days for this one programme are increased.

Division bench headed by justice VM Kanade said, "Ensure strict compliance to the government regulation for non-sports activities which determines number of days it can be used." He added, "Shivaji Park ground doesn't belong to the Shiv Sena, Maharashtra Navnirman Sena (MNS) or any political party. It belongs only to the people and citizens living there."

BHC questioned if the state government proposes to consider finding a permanent solution to this issue and address it.

Kanade said, "It is the duty of state and corporation to ensure that the ground is not damaged." And with this the bench ordered formation of a committee headed by the chief secretary and heads of various departments, a nominee of the residents association and one from the Buddhist society to find an alternate solution to the issue.

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Kanade also mentioned, "With the coming of devotees, there is a huge burden on railways and other conveyances like state transport. It is the duty of the state to ensure that proper arrangements are made so that no inconvenience is caused to devotees or residents and see to it that the event takes place in a peaceful manner."

Before finishing the hearing, Justice Kanade said, "If you (state) decide to apply your mind then you can do it. Government can build free accommodation for devotees at a place. Send special trains so that they don't get into other trains. Arrangements have to be made."

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