Mumbai: Bombay High Court recently directed BMC to ensure that activities undertaken at Cuffe Parade Residents Association Greens Garden strictly conform with its March 2023 circular.“Consequentially, no programs/events/activities contrary thereto would be permitted. Needless to emphasize that the respondent–corporation/competent authority shall ensure the strict adherence of the same,” said Chief Justice M C Tripathi and Justice Advait Sethna on Oct 16.Petitioners Cuffe Parade Welfare Association and four housing societies were “aggrieved by the continuous law and order problems since April when BMC took possession of the garden.” They cited inaction by BMC and police on their complaints against unauthorised occupation and use of the nearly 12,000 sq m plot, particularly its north end, for private and commercial events.The petitioners’ advocate Anand Pai referred to BMC’s March 14, 2013 circular that prohibits the use of grounds for marriage ceremonies and commercial events and stipulates strict action, including cancelling the ground adoption agreement. Only on those grounds where traditional festivals were celebrated prior to March 2010, permission will be granted. Pai said BMC had not granted permission for activities/programmes. BMC’s advocate Kejali Mastakar said the garden was not earmarked as a garden under BMC regulations.The judges were disinclined to refer to the merits of the matter at this stage. However, taking cognisance of the circular, they “expect” BMC to ensure activities in the garden conform with it. Where permission is not granted, BMC will comply with the circular “in letter and spirit.” If BMC grants permission, organisers “would scrupulously adhere to all the rules, regulations and protocols in that regard.”
