Bombay High Court
Kala Ghoda Association vs Organisation For Verdant ... on 19 January, 2023
Bench: R.D. Dhanuka, M. M. Sathaye
902 ial 40280-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 40280 OF 2022
IN
WRIT PETITION NO. 2465 OF 2018
Kala Ghoda Association ..Applicant
In the matter between:
Organisation for Verdant Ambiance
and Land (Oval) and Anr. ..Petitioners
V/s.
State of Maharashtra, through
Revenue and Forest Dept. and Ors. ..Respondents
----
SNEHA
NITIN Ms. Siddhi Doshi and Ms. Ria Lulla i/b M/s. ALMT Legal for
CHAVAN
Digitally signed
the Applicant.
by SNEHA NITIN
CHAVAN Mr. Navroz Seervai, Senior Advocate, Ms. Shreya Parikh, Subit
Date: 2023.01.20
15:57:58 +0530
Chakraborti, Mr. Shrey Shah i/b M/s. Vidhi Partners for the
Petitioners.
Ms. Jyoti Chavan, AGP for the Respondent Nos. 1 and 2/State.
Ms. R.M. Hajare i/b Mr. Sunil Sonawane for Respondent
No.3/MCGM.
----
CORAM : R.D.DHANUKA, AND
M.M.SATHAYE, JJ.
DATE : 19th JANUARY 2023
P.C.
. By this Interim Application, the Applicant seeks
intervention and/or impleadment in Writ Petition and also seeks
permission to hold the usual arts events and performance and
Sneha Chavan page 1 of 5
902 ial 40280-22.doc
refreshment stalls at the Cross Maidan from 04.02.2023 to
12.02.2023.
2. The learned Counsel for the Applicant invited our
attention to various interim orders annexed to this Interim
Application and also the permission granted by the State
Government on 20.12.2022 annexed as Exh.J to the Interim
Application and states that, all the conditions imposed by the
State Government in the said permission dated 20.12.2022 and
the condition imposed by this Court in order dated 20.01.2020
in Interim Application No. 1 of 2020 would be complied with by
the Applicant. Statement is accepted.
3. Mr. Navroz Seervai, the learned Senior Counsel for the
Petitioner states that if the Applicant files an undertaking to the
effect that all the conditions imposed by the State Government in
letter dated 20.12.2022 and the conditions as imposed by this
Court in order dated 20.01.2022 are complied with, the
Petitioner has no objection. Statement is accepted.
4. Ms. Jyoti Chavan, the learned AGP states that conditions
set out in the letter dated 20.12.2022 shall be complied with and
the permission, if, granted by this Court shall be subject to
undertaking that would be filed. Statement is accepted.
Sneha Chavan page 2 of 5
902 ial 40280-22.doc
5. The learned Counsel for the Applicant states that the
undertaking would be filed by the Applicant on or before
31.01.2023 to the effect that no food stall shall be set up on the
Cross Maidan and that no part of the Cross Maidan shall be used
for any commercial activity or for earning any income and that
musical events organised at Cross Maidan during the relevant
period shall be open to the members of the public without any
entry fee levieable by the Applicant. Undertaking is accepted.
6. In view of the undertaking rendered by the Applicant
across the bar and having agreed to file a written undertaking
before this Court on or before 31.01.2023, we are inclined to
pass, the following order:
(i) Without prejudice to the rights and contentions of the
parties, the Applicant in Interim Application (L) No.
40280/2022 shall give unconditional undertaking to this Court
to the effect that no food stall shall be set up on the Cross Maidan
and that no part of the Cross Maidan shall be used for any
commercial activity or for earning any income and that musical
events organised on Cross Maidan during the relevant period
shall be open to the members of the public without any entry fee
levieable by the Applicant.
Sneha Chavan page 3 of 5
902 ial 40280-22.doc
(ii) Written undertaking shall be filed by the Applicant on or
before 31.01.2023. In addition to the above, the Applicant shall
comply with the conditions imposed by the Collector in
permission dated 20.12.2022.
(iii) The permission granted herein will be treated as a one time
arrangement and shall not be used as a precedent to obtain such
permission in future.
(iv) The Applicant is not allowed to be joined as party
Respondent to this Writ Petition. The Applicant shall be given a
hearing at the time of admission/final hearing of the Writ
Petition.
(v) The learned counsel for the Applicant undertakes that her
client would restore the position of Cross Maidan by making it
clean and to its original condition after the period of event.
Undertaking is accepted.
(vi) Copy of the undertaking that would be filed by the
Applicant in this Court shall be furnished to the learned advocate
for the Petitioner and the Respondents within two days from the
date of filing such undertaking.
Sneha Chavan page 4 of 5
902 ial 40280-22.doc
(vii) Parties are at liberty to file brief proposition of law, synopsis
and compilation of judgments which they propose to rely upon in
support of their rival contentions with copy to be served upon the
other side in advance before the next date.
(viii) Place the Writ Petition on board for hearing and final
disposal on 13.04.2023.
(ix) Parties to act on an authenticated copy of this Order.
M.M.SATHAYE, J. R.D.DHANUKA, J.
Sneha Chavan page 5 of 5
