The Bombay High Court on Friday dismissed public interest litigation (PIL) seeking directions to the authorities to prevent the commercial exploitation of the Late Pramod Mahajan Sports Complex in Kandivali for musical events, including one featuring singer Falguni Pathak, slated to be held from September 26 to October 5.
A division Bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar took note of the fact that the playground had been allotted to one Sai Ganesh Welfare Association for Navratri festivities, after following procedures mentioned under Section 37A of the Maharashtra Regional and Town Planning Act were followed.
This Section permits the State to allot playgrounds for functions like Independence Day etc, or religious functions notwithstanding any other law or order in force.
The Court noted that the petitioner had failed to show how this provision was not complied with, or how any action contrary to the statute was taken, warranting court intervention. It noted that the function for which the land was being allotted was a religious function and a festival 'dear to the people of this region'.
The plea filed by activist Vinayak Sanap through Advocate Mayur Faria stated that the ground was earmarked as a playground in the Development Plan of the Brihanmumbai Municipal Corporation (BMC).
Sanap said that the sports complex ground should always remain open for the public at large, and should not be exploited commercially by any third party.
