Bombay High Court Restrains Construction of Ganpati Pandal Near Stellarworld School, Citing Traffic and Safety Concerns; Emphasizes Police Clearance is Mandatory for Such Constructions

Court’s Decision:
The Bombay High Court issued an interim order restraining the construction of a Ganpati pandal near Stellarworld School, operated by the Bombay Education Trust. The Court highlighted potential traffic congestion and safety risks as the primary reasons for the decision.

Facts of the Case:
The Bombay Education Trust, which manages Stellarworld School, filed a writ petition challenging the permission granted by the Brihanmumbai Municipal Corporation (BMC) for constructing a temporary pandal during the Ganpati festival. The petitioners argued that the pandal’s location on the footpath adjacent to the school would cause significant traffic congestion and pose safety hazards to students and staff. The petitioners also pointed out that the police had denied permission for the pandal, emphasizing that police clearance is mandatory for such constructions.

Issues:
The central issue was whether the BMC’s permission for the construction of the pandal near the school was appropriate, given the potential for traffic congestion and safety concerns.

Petitioner’s Arguments:
The petitioners contended that constructing the pandal would lead to severe traffic congestion and create a safety risk, particularly due to its proximity to the school.

They referenced the case of Dr. Mahesh Vijay Bedekar v. The State of Maharashtra & Ors to support their argument that permissions for such constructions should be denied if they result in traffic congestion or are situated near significant institutions like schools and hospitals.

The petitioners submitted photographs and maps to illustrate the potential adverse effects of the pandal’s construction on the school environment.

Respondent’s Arguments:
The respondent did not appear in court despite being served with a notice. The BMC requested additional time to obtain instructions on the matter.

Court’s Analysis:
The Court reviewed the evidence presented by the petitioners, including the police’s rejection of the pandal’s location. The Court noted that police clearance is a critical requirement before granting such permissions. The Court also referred to the observations made in the Dr. Mahesh Vijay Bedekar case, emphasizing the importance of preventing traffic congestion and ensuring safety in such situations.

Conclusion:
The Bombay High Court restrained the construction of the pandal until further orders, maintaining the status quo. The case was scheduled for further hearing on September 3, 2024.