No stay on dandiya event near Goregaon school in Mumbai: HC

The Bombay high court (HC) on Wednesday refused to grant a stay on dandiya celebrations at Jawahar Nagar Cooperative Housing Society in Goregaon after the state submitted that the society was granted permission after it complied with the requisite conditions for organising the event and the school which has filed the petition, did not come under any silence zones.

The Court, however, asked the state to submit an affidavit with regards to the silence zone statement it made within eight days.

Goregaon Education Society had filed the petition seeking a stay on the dandiya celebration being organised in the adjoining society. A division bench of justices BR Gavai and MS Karnik heard a writ petition filed by the school seeking to deter a dandiya event being organised by an adjoining society in their premises. The school had claimed that the event would lead to violation of Air (Prevention and Control of Pollution) Act and noise pollution laws and hence should not be allowed.

When the matter came up for hearing on Wednesday, chief government pleader Poornima Kantharia informed the court that the permissions had been granted to the housing society after the organisers complied with all requisite conditions and permission was granted for the event from 6pm to 10pm.

The advocate for the society submitted that as the school did not fall under the silence zone, it could not claim reliefs or action against the society under the given Act.

The housing society’s advocate also added that the society was conducting the event in its own premise and hence there was no misuse of public property.

The advocate for the petitioners, however, sought an interim stay on the dandiya event which started on Wednesday night.

However, the bench refused to grant any stay to the dandiya event any further and directed the state to file an affidavit and posted the matter for hearing on October 17.

First Published: Oct 10, 2018 23:50 IST