Whereas the Bombay Excessive Court docket not too long ago granted permission to Uddhav Thackeray-led Shiv Sena faction to organise Dussehra Melawa at Shivaji Park on October 5 and put aside BMC’s refusal for a similar, the saga of pleas for permissions to carry the rally on the stated floor has panned over twelve years because the excessive courtroom declared the world as a silent zone in 2010.
Thereafter, nearly yearly, the celebration would strategy the excessive courtroom difficult the civic physique’s rejection for the nod and the courtroom had again and again laid down numerous circumstances for holding such a rally. After the 2016 Authorities Decision making an exception for Dussehra Melawa at Shivaji Park, the Shiv Sainiks would seamlessly get the approvals, till the rift between the 2 factions of 56-year-old celebration reached the battle for the Melawa to the HC’s doorsteps.
The Thackeray group on September 23 instructed a bench headed by Justice Ramesh D Dhanuka of the Bombay Excessive Court docket that the Dussehra rally has been one of the necessary annual occasions for the Sena because it was based in 1966 and the Shivaji Park floor or Shivteerth, because the celebration calls it, has been its conventional venue all these years with a number of exceptions and getting permissions was “matter of conference.”
On Might 5, 2010, the excessive courtroom had declared the world as a ‘silent zone’ and put restrictions on its use for non-sporting actions. The courtroom had then stated that programmes may be held solely on December 6 (Dr Babasaheb Ambedkar’s dying anniversary), Might 1 (Maharashtra Day) and January 26 (Republic Day).
Subsequently, as per HC order, Shiv Sena chief Anil Parab had sought permission for organising the gathering at Shivaji Park in September, 2011 and the excessive courtroom had directed the BMC to allow the identical saying it entailed “distributing of Sona leaves and burning of effigy of Ravan, which is being celebrated for a few years at Shivaji Park.” The organisers have been put below a situation that they’d abide by the Noise Air pollution (Rules and Management) Guidelines, 2000.
In October, 2012, after BMC once more rejected the permission, the Sena moved the excessive courtroom in opposition to it and sought approval to be used of loud audio system and different consequential nods to organise the operate on October 24, 2012.
The bench headed by then Chief Justice Mohit Shah, whereas granting reduction had famous, “whereas we aren’t inclined to grant any reduction to applicant, however hardly per week’s time was left and because the organisers won’t be able to get another floor as Somaiya floor (Vidyavihar) was not a public floor and MMRDA floor (Bandra Kurla complicated) at BKC have been already booked for some exhibition, the applicant is not going to be in place to carry the Dussehra operate at another floor.”