Frame Policy To Regulate Celebration Of Festivals As Per Capacity Of Mumbai’s Public Spaces: Bombay High Court Urges State

The Bombay High Court today asked the Maharashtra government to frame a comprehensive policy for public celebration of festivals in Mumbai taking into account the city's increasing population and the limited capacity of its public spaces.

A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla opined that the current policy does not adequately consider the potential inconveniences and traffic congestion arising from public celebrations in Mumbai's streets and squares.

“If it is contended by anybody that such celebrations are part of traditions, culture and social mores of the glorious city of Mumbai, the traditions and cultural practices must also evolve with changing time and changing demographics of the city. Today, we are witness to great influx of migrants to this city and also inherent increase in population of Mumbai”, the court stated.

The court pointed out the influx of migrants to Mumbai and the increase in population density, and said that the capacity of public roads and public amenities has not increased proportionally.

The court said the policy makers should consider whether “permission should be given to celebrate the festivals at public squares and in public streets, where huge crowds/groups are expected to visit to take part in the celebrations”. The court also asked the government to consider whether such celebrations should be moved to open spaces and public grounds and whether there should be limits on the number of participants.

The court suggested identifying time slots for celebrations so that such festivals can be celebrated by different groups at the same venue. The court also emphasized the responsibility of organizers to restore venues to their original condition after the event.

“If the policy is re-framed or modified by taking into consideration all these aspects, we are of the view that there would be a proper balance struck between the need for public expression of religious sentiments on one hand and need for protecting larger public interest by reducing the inconvenience to the road users and the residents of near by localities and also reducing traffic congestion at such venues on the other hand”, said the court.

The court made these observations while disposing of a writ petition filed by Sachin Basare, a member of Shiv Sena (UBT) against denial of permission to celebrate the Dahi Handi festival at Shivaji Chowk in Kalyan. The permission has been granted to Ravindra Rajaram Patil, a member of Chief Minister Eknath Shinde led Shiv Sena to celebrate the festival at the same location.

The court noted that the Kalyan Police had proposed a solution, suggesting alternate venues for Basare to choose for celebrating the Dahi Handi Festival. Basare consented to the arrangement and chose the venue between Hotel Gurudev and Hotel Kuba.

With the selection of an alternate venue agreed upon, the court directed the Police Department to grant a No Objection Certificate (NOC) for hosting the Dahi Handi Festival at the chosen venue.

The court instructed the Kalyan-Dombivli Municipal Corporation to grant the necessary permissions for all Dahi Handi Festival-related events at the alternate venue. However, this was contingent upon the petitioner presenting the required NOCs from the Police Department to the Corporation.

Case no. – Writ Petition No. 10919 of 2023

Case Title – Sachin D. Basare v. State of Maharashtra and Ors.

Click Here To Read/Download Order