BMC's counsel told the court today that corporation would give permission for the festival provided the organisers agreed to follow all the conditions laid down by it.
The Bombay high court on Thursday granted permission to the organisers of the Kala Ghoda Arts Festival to hold the nine-day annual event between February 5 and 13, 2011.
The division bench of justice DK Deshmukh and justice KK Tated were hearing a petition filed by Kala Ghoda Association (KGA) and its six executive members after the Brihanmumbai Municipal Corporation (BMC) on January 13 refused to grant them permission to conduct the festival, saying that the area has been designated as a silence zone.
Petitioner’s lawyers Birendra Saraf and Hitesh Jain submitted that the organisers are ready to follow any condition laid down by the BMC.
BMC lawyer said the civic body is willing to grant permission but the organisers will have to strictly follow their conditions. “It is an annual affair and if the organisers are ready to abide by the law then they should be granted permission,” said Deshmukh.
In their petition, the association stated that it is “primarily engaged in the development of art and culture in the city” and its vision is to establish Kala Ghoda area as the art district. It also said that the festival has been a centre of attraction of the area for the last 12 years and is on the tourist map.
The Kala Ghoda area has been declared a silence zone as it houses two religious structures and is also at a distance of 100 m from high court and city civil and sessions court.
The organisers have stated in their petition that the festival is held in compliance of the noise pollution rules without causing inconvenience to the public. “KGA has also obtained no objection certificates from Keneseth Eliyahoo Synagogue and St Andrew Scottish Church,” it stated.
The petitioners had first applied to the officer of A ward of BMC on December 27, 2010. BMC denied permission on the grounds that noise generated by the performances during the festival is likely to exceed the permissible limit specified for the silence zone.
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