The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to strengthen its oversight mechanisms concerning the erection of Ganesh pandals and temporary structures during Ganeshotsav.
The Court’s directive comes in response to concerns about repeated violations of regulations by festival organisers, which have resulted in significant damage to roads and footpaths. The bench, comprising Chief Justice D.K. Upadhyaya and Justice Arif Doctor, was adjudicating a petition filed by the Prameya Welfare Foundation. The petition urged the Court to prevent the BMC from granting future permissions to organisers who have a history of non-compliance with the conditions stipulated under Section 317 of the Mumbai Municipal Corporation Act, 1888.
This section permits the temporary erection of structures on public roads for festival celebrations, provided certain conditions are met. Current policy dictates that organisers must pay a deposit, which is forfeited in the event of violations. However, the Court acknowledged that this approach has proven ineffective, as violators often continue their practices in subsequent years, rendering the deposit forfeiture a weak deterrent.
The Court highlighted the persistent issue of road and footpath damage due to negligence by some organisers, which inconveniences pedestrians and disrupts traffic flow. In light of this, the judges suggested that the BMC implement a more robust system of fines and penalties for such infractions. The aim is to ensure that organisers adhere strictly to the regulations, thereby preserving the integrity of public infrastructure.
The BMC’s current enforcement strategy, which relies heavily on forfeiture of deposits, has been criticised for its lack of efficacy. The High Court’s suggestion to impose fines represents a significant shift towards a more stringent regulatory framework. The BMC has been tasked with devising and implementing measures that will enhance compliance and prevent future violations, ensuring that Ganeshotsav celebrations do not come at the expense of public convenience and safety.
