Mumbai: The Bombay high court has permitted Prabhu Yeshu Janmotsav, a Public Charitable Trust, to hold Christmas Musical Festival on December 11 at Girgaum Chowpatty on an area of 15,000 sqm observing that community cannot be accommodated in 4,183 sqm area, and “would create a possibility of stampede”.
A division bench of Justices RD Dhanuka and SG Dige, on November 29, however refused to grant permission to hold the festival on an area of 25,000 sqm as requested by the trust, which has been organizing the Christmas Music Festival since 1965.
The HC was hearing a petition filed by the trust seeking permission to hold the festival on a larger area compared to permission granted earlier -- on 4180.3 sq. mtrs -- by the HC on June 21, 2018.
The judges observed that the counsel for the petitioners “were right in their submissions that about 25,000 numbers of public from the community cannot be accommodated in the area permitted by this Court by an order dated 21st June, 2018, and would create a possibility of stampede”.
The HC was hearing a petition filed by the trust seeking permission to hold the festival in a 25,000 sqm area since it was expecting a crowd, comprising senior citizens, children, and adults, of over 25,000 to attend.
It claimed that earlier, the Collector had granted permission to hold the same event by permitting a larger area to the extent of 25,000 sq. mtrs. at Girgaum Chowpatty. The HC had formed a committee - comprising of the Environmentalist and experts - which laid down conditions to be followed while holding the festival.
BMC counsel Anil Sakhare pointed out there were various breaches of conditions in the past and said that there was nothing to show that the footfall would be 25,000. He relied upon the report submitted by the Police Inspector of D.N. Marg Police Station dated 27th January, 2020 stating that in the event of 15th December, 2019, about 7500 to 8,000 persons were present
Rajan Jaykar, advocate for the committee, opposed the plea stating that if the permission was granted for 25,000 sqm then “a large portion of Girgaum Chowpatty would be completely blocked” by these petitioners.
The HC granted permission to the trust to hold the Christmas Music Festival on the area of 15,000 sq. mtrs. Asking it to ensure deployment of sufficient guards to “obviate any law and order situation”.
Besides, it has been directed not to display commercial advertisements and comply with various environmental rules.
In addition, the HC has said that representatives of the committee, collector, BMC and the police can visit the site on the date of the event and take photographs.
The HC has kept the petition for hearing January 20, 2023.
