Kala Ghoda Fest: No Bombay High Court nod for cultural events

A division bench of Justices AS Oka and PN Deshmukh was hearing a petition filed by Organisation for Verdant Ambience and Land (OVAL), the trust managing the ground. They had filed a petition against commercial use of the ground. As per earlier directives of the High Court, for any event to be held at Cross Maidan, the organisers have to seek permission from it. The city collector on January 30 passed an order permitting the events to be held as part of the Kala Ghoda Festival.

“It is our prima facie opinion that a public property, especially one that is situated in a prime location, cannot be allowed to be used free of cost and with no conditions imposed. The government has not even passed an order as to why it feels such permission can be given,” Justice Oka said.

“The government should take back this order and pass a fresh order with reasons,” the court said. Government counsel SU Kamdar told the court that the government would pass an additional order on February 5 with reasons. The bench has posted the petition for hearing on February 5.

Appearing for Kala Ghoda Association, advocate Birendra Saraf sought the court to permit them to hold the events adding that all arrangements have been made for the Zakir Hussain event.

The bench, however, refused and said: “How can we grant permission when we have found fault with the government order. You (organisers) should not have assumed that the state government, civic body and court will pass orders in your favour.”

The court noted that under the Development Plan, Cross Maidan was a recreational ground and as per the civic body only recreational and social events can be allowed in such places.