It looks like a 97C AA that housing societies in Mumbai have started are knocking the doors of the highest judiciary in the State. Reportedly the Bombay High Court was made to as the Mumbai Police a question. The moot question is “Can police allow Ganpati processions on pvt land?’
On Monday the 7th September the Mumbai police was directed to inform by next Monday , whether it was empowered to permit a Ganesh immersion procession on private land maintained by the civic body .
The name of the bold housing society is Abhinav Co-operative Housing Society in Borivli (E), which objected to people–mostly families and small groups with household Ganeshas –forming a queue to immerse their idols in Dahisar river flowing next to the Sanjay Gandhi National Park by accessing it through its premises. The society filed a petition to get the answer through the High Court. The housing society raised serious objection to the firecrackers and “noise“ that accompany the immersion processions.
According to the BMC counsel, A Y Sakhare, people had the right to access. because the road was maintained by the Corporation. Moreover civic officials, police and local volunteers ensure and maintain strict discipline during immersions so that residents are not inconvenienced, Sakhare pleaded before the hon. High Court. Thousands of devotees immerse Ganpati idols in the lake during the festival.
A division bench of Justice Abhay Oka Justice and Justice V L Achliya expressed apprehension if it can be held that the land vested with the civic administration just because the road was maintained by the BMC.
The state government advocate, J S Saluja, was reportedly roped in by the Division Bench to take instructions from the Dahisar police, which gives permission to use the access road, whether it has the power to issue permits to use a private road.
The society management is not ready to tolerate nuisance / noise even in the name of the holy God Ganpati, the tradition which was started by none other than freedom fighter Shri Bal Gangadhar Tilak which has already irked the Highest court.