The Bombay high court has come to the rescue of a housing society in Borivli, which has been objecting to an internal road in its premises being allowed by the BMC for processions to immerse idols during Ganeshotsav, Navratri and other festivals.
Rejecting the BMC’s contention that since it was maintaining the roads and the road was public space, a division bench of Justice Abhay Oka and Justice V L Achliya in an interim order, restrained the civic body from giving permissions to organisations and groups to undertake processions for immersion of idols through the property of the society. The HC held that there was no prima facie evidence that the road belonged to either the corporation or the state government. The judges clarified that it had not taken a final decision on who was the owner of the road or had right of way.
“Apart from the photographs produced on record by the society, the court can always take a judicial notice about the manner in which processions for immersion of Ganpati idols are taken in Mumbai,” said the judges, adding, the prima facie conclusion that such processions create nuisance to the nearby residents.”
Abhinav Nagar society is spread over 48 acres of land in Borivli (E), near the Sanjay Gandhi National Park and along the Dahisar River. The society is a gated community with around 198 bungalows constructed in the 1960s. The bone of contention is a road passing through the society to the river.
“The BMC would give permissions and facilitate immersion of idols during Ganeshotsav, Navratri and other festivals like Chhat Pooja through the year,” said advocate Shreepad Murthy, counsel for the petitioner. The society told the court that a gate put up at the entrance of the road was pulled down by a local politician.
The BMC claimed that it was maintaining the roads in the society.
The society however pointed out that the BMC was maintaining the roads as part of its contractual obligation after the corporation was given 14 acres of its land to set up a training institute at a concessional rate.