Event on hold as Bombay High Court denies use of ground

The Bombay High Court on Friday temporarily refused permission to the organisers of the Kala Ghoda Arts Festival (KGAF) to hold cultural events at Cross Maidan in Churchgate, where a programme by Tabla maestro Zakir Hussain was scheduled to be held.

A division bench of Justice Abhay Oka and Justice PN Deshmukh rapped the city collector for passing an order without giving reasons and allowing the organisers to use the maidan for over a week without paying fees. It said, "It is our prima facie opinion that a public property, especially one that is situated in a prime location, cannot be allowed to be used for free of cost."

Last year the court, while hearing another petition, had directed that all permissions for use of grounds would be given only after the court's approval which is why the organisers had to move the court for the matter.

On January 30 the city collector 30 passed an order permitting the KGAF events to be held. However, the court on Friday, after perusing the order, said "it was passed without proper application of mind and without according proper reasons." The court said the order was vague and such blanket permissions without imposing conditions on the organisers cannot be granted.

The counsel for state SU Kamdar informed the court that the Authority would pass an additional order giving proper reasons by February 5. Following this the court refused to grant permission and posted the matter for further hearing on the same date.