The Bombay High Court (HC) has taken a decisive step to address the issue of pandals damaging roads and footpaths during festivals. The court was led by Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor.
As part of the efforts to combat this problem, the Brihanmumbai Municipal Corporation (BMC) has been urged not to provide licences to pandals and mandaps that breached the terms and conditions set in the previous year.
A Public Interest Litigation (PIL) filed by the Prameya Foundation has brought attention to the road damage caused by pandals. The NGO behind the PIL contends that the current practise of forfeiting security deposits for violations is ineffective.
Instead, they propose a more stringent measure to prevent mandals from reapplying for licences in subsequent years if they fail to adhere to the conditions.
One of the primary concerns highlighted by the NGO is the inconvenience and burden caused to citizens and pedestrians due to the road damage and potholes resulting from pandals' activities.
In response to the PIL, the BMC attorney referred to Section 3 of the Mumbai Municipal Corporation Act, suggesting the possibility of punishing organisers by seizing their deposits if they violate the terms granted for setting up pandals.
Despite the imposition of fines, the NGO argues that Ganesh mandals have continued to flout the conditions. It requires a more robust deterrent policy to address the matter effectively.
Acknowledging the seriousness of the concerns raised in the PIL, the court has instructed BMC to make informed policy judgements and decide on the petitioner's plea for a deterrent policy within six weeks.
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