Twitter
Advertisement

No permission for commercial activity at Cross Maidan: Bombay High Court

It has restrained the city collector and the Brihanmumbai Municipal Corporation from issuing permits for commercial activity on the over 19,230 sq mts land without prior permission from the court.

Latest News
article-main
Bombay High Court
FacebookTwitterWhatsappLinkedin

The Bombay High Court came to the rescue of Mumbaikars on Wednesday on the issue of commercial activity at Cross Maidan. 

It has restrained the city collector and the Brihanmumbai Municipal Corporation from issuing permits for commercial activity on the over 19,230 sq mts land without prior permission from the court. 

A division bench of Justice Abhay Oka and Justice M S Sonak gave the order while hearing a petition filed by Organization For Verdant Ambience And Land (oval) trust, which maintains Cross Maidan and the Oval Maidan. The two open spaces in Churchgate area are used by citizens for recreational purpose. 

Advocate Shreya Parikh, appearing for the trust, argued that by way of a Government Resolution (GR) issued on November 6, 2017, the ownership of the land has been transferred from the government to the BMC. Parikh said that Cross Maidan is a deemed recreational ground and no commercial activity can be allowed there. 

It was further pointed out that the Collector has, even after the issuance of the GR, granted permission to the French Consulate from December 5 to January 2, to use the ground. 

However, the court noted that since the order of the Collector is not under challenge, it cannot pass any orders against the organisers of the event. Moreover, since, by the issuance of the GR, the state is not in possession and cannot grant permission to third parties. Similarly, the corporation, which has not yet received possession of the ground, cannot issue permits to third parties. 

There cannot be a grant of any interim relief except that authorities will not grant permissions for any event after January 2, 2018. 

Posting the matter for further hearing on January 16, 2018, the court asked the state and corporation to file their detailed replies.

THE ARGUMENT

  • Advocate Shreya Parikh, appearing for the trust, argued that by way of a GR, ownership of the land has been transferred from the government to the BMC. Parikh said that Cross Maidan is a deemed recreational ground and no commercial activity can be allowed there. 
Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement