The Bombay High Court has warned all major municipal corporations of issuing contempt of court if they fail to abide by the court's directions over granting permission to construct pandals during festivals. The court had, around a year ago, directed the municipal corporations to allow pandal constructions for festivals like Ganpati and Navratri.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla were informed by NGO Aawaz that several corporations, including Thane, Navi Mumbai, Kolhapur, Nagpur and Kalyan Dombivali, have given their affidavits.
However, the NGO pointed out several shortcomings in the affidavit, like not setting up toll free numbers for people to report complaints, authorities not holding meetings with organisers ahead of the festivals, no exchange of information about the rules to be followed.
To this, the bench said, "We proposed to pass a comprehensive policy, which will have to be followed by all corporations across the state, while deciding on applications, which it receives seeking permission to construct temporary pandals." The bench said the compliance has to come before the festival season begins.
The court gave this direction while hearing a bunch of petitions filed seeking proper implementation of noise pollution rules and order passed by the HC. The court, after going through the affidavit of compliance filed by the concerned corporations, noted that post facto permissions were granted to allow pandal construction even when applications were pending. Moreover, officials did not apply their minds before regularising illegal pandals.
In case of Mumbai, the affidavit mentioned that 42 illegal pandals were not demolished. The corporation said it could not carry out the necessary action for lack of police protection. In, Kalyan Dombivali Corporation, 36 illegal pandals were found and in Navi Mumbai Corporation, 62 pandals were erected without permission, which was regularised later.
The court has now asked the NGO to point out details of non-compliance by corporations and police authorities of noise pollution rules. It posted the matter for further hearing after two weeks.
