HC sets aside police notice to discontinue Mahim Mela due to traffic congestion, Christmas celebrations
The bench noted that the only apprehension raised by police was of traffic congestion and the same "cannot be a ground to cancel permission as it is the duty of respondents to manage the traffic congestion by appointing extra staff.”
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“In the said impugned notice, there is no mention about any complaint received from the public," the bench noted and said that mere apprehension of traffic congestion cannot be a ground to cancel the permission.
The Bombay High Court on Tuesday quashed and set aside a notice issued by senior police inspector of Mahim police that directed the organiser of the annual Mahim Mela (Mahim Fair) on December 24 and 25 to cancel the mela due to traffic congestion in the area.
The bench noted that the only apprehension raised by police was of traffic congestion and the same “cannot be a ground to cancel permission as it is the duty of respondents to manage the traffic congestion by appointing extra staff.”
“Such melas/events form a part of the social fabric in which the people of all the sections participate. Their participation and enjoyment cannot be deprived by such sudden/abrupt notice as it has been celebrated for more than 100 years,” the bench noted while setting aside the December 23 notice to halt Mela that is centred around the Dargah of religious scholar Hazrat Makhdoom Fakih Ali Mahimi to celebrate his life and teachings.
A vacation bench of Justices Shivkumar G Dige and Advait M Sethna was hearing a plea by Zahid Khamisa, a proprietor of the firm called Angel Land, Agripada, which runs amusement rides and activities at Mahim Mela, Reti Bunder, Mahim, Mumbai since 1986.
Advocate Prasanna A Bhangale for the petitioner argued that he had obtained requisite permissions from the authorities including premises license issued by Commissioner of Police, Mumbai and same was valid from December 14 till 25. Bhangale added that the petitioner was also availed No-Objection Certificate (NOC) on December 12 from the authorities, which is valid till December 25.
The notice, besides traffic congestion, also mentioned that on December 25, people belonging to the Christian community will gather in large numbers at the nearby St. Michael’s Church and any untoward incident could happen.
Bhangale contended that Mahim Mela has been running since 1901 and the petitioner and several others have been running their shops and amusement rides therein peacefully since several years without any untoward incident.
He added that petitioner received notices including impugned notice on Monday night which cited reason of traffic and Christmas celebration to “abruptly stop the mela,” and he was shocked and surprised by the same.
Additional Public Prosecutor Prajakta P Shinde for the police opposed the plea and submitted that Mahim Mela is organised on the right side of the road and due to traffic congestion in that area, it halts traffic and people in the said area suffer due to the same. She said the notice was issued as per law and sought dismissal of the plea.
The bench noted that the premises license dated December 5 was granted to the petitioner by police and it was stated that if any complaint is received from the public, such license would be cancelled or revoked.
“In the said impugned notice, there is no mention about any complaint received from the public,” the bench noted and said that mere apprehension of traffic congestion cannot be a ground to cancel the permission.
Allowing his plea, the bench directed petitioner to cooperate with respondent authorities and said the firm can open or operate their stall and rides.
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