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2003 Supreme(Bom) 958
IN THE HIGH COURT OF BOMBAY
Thakker C.K., C.J. Vazifdar S.J., J.
Pune Ganesh Festival Janotsav another .... Petitioners.
Versus
Pune Municipal Corporation others.... Respondents.
Writ Petition No. 5202 of 2003, decided on 22-8-2003.
Advocates appeared :
A.V. Anturkar, for petitioners.
Goolam E. Vahanvati, Sr.A. with R.G. Ketkar, for respondents 1, 2 5.
Virendra V. Tulzapurkar with Birendra Saraf i/b. Udwadia Udeshi, for respondent 3.
The main legal point established in the judgment is that the temporary allotment of places for cultural activities during festivals does not fall under the provisions of section 79 of the Bombay Provincial Municipal Corporations Act, 1949.
Headnote:
Mandamus - Cultural Activities - Bombay Provincial Municipal Corporations Act, 1949, Section 79 - The court discussed the applicability of section 79 of the Act, which governs the disposal of municipal property, and concluded that it does not apply to the temporary allotment of places for cultural activities during festivals. The court emphasized the limited period and specific purpose of the allotment, rejecting the petitioner's contention that the actions should have been taken in observance of section 79(c). The court also recommended the Corporation to consider framing rules for future allotments to ensure openness and transparency.
Fact of the Case:
The petitioners sought a writ of mandamus to prevent the Pune Municipal Corporation from making expenditures on cultural activities until all statutory duties were fulfilled. They also requested the allotment of specific places for cultural activities through public auction.
Finding of the Court:
The court found that the actions taken by the authorities were not contrary to law or unreasonable. It concluded that the temporary allotment of places for cultural activities did not fall under the provisions of section 79 of the Act and dismissed the petition.
Issues: The issues involved the legality of the Corporation's actions in allotting places for cultural activities and the applicability of section 79 of the Act.
Ratio Decidendi: The court held that the temporary allotment of places for cultural activities during festivals did not fall under the provisions of section 79 of the Act, emphasizing the limited period and specific purpose of the allotment.
Final Decision: The petition was dismissed, and no costs were awarded to either party.
2. The case of the petitioners is that petitioner No. 1 is a public charitable trust. It conducts cultural activities on large scale during Ganesh Utsav. At Pune, there are certain grounds belonging to the Corporation. Only at those places, such cultural activities are possible on large scale. For the year 2002-03, the petitioners were permitted to use a ground opposite to Shaniwarwada for four days. As against that, respondent No. 3, another public trust, was allowed use of Ganesh Kala Krida Kendra. Balgandharv Rang Mandir and Yashwantrao Chavan Natya Gruha by showing favourable treatment towards the said respondent.
3. The petitioners have stated that for the year 2003-04 i.e. for current year, Ganesh Utsav will start by the end of August, 2003. For allotment of Balgandharv Rang Mandir and Ganesh Kala Krida Kendra, rules have been framed by the Corporation. For other three places, however no such rules have been framed. According to the petitioners, they made an application to the Municipal Commissioner, respondent No. 2 herein, requesting for allotment of Ganesh Kala Krida Kendra for cultural activities. A similar application was made for the ground opposite to Shaniwarwada. The said application was made to respondent No. 4, Officer-in-charge, Central Archeological Department. The Development Engineer (Sewerage Operation), respondent No. 5 herein, informed the petitioners on June 19, 2003 that the request of the petitioners for allotting the ground opposite to Shaniwarwada cannot be acceded to. No particulars, however, had been stated in the said letter. It was also not made clear as to when and in whose favour, the reservation was made. For other two places, viz., Ganesh Kala Krida Kendra and Balgandharv Rang Mandir, nothing was mentioned. The petitioners also requested the Commissioner to give the Baburao Sanas Sport Ground, but no reply was given by the respondent. The petitioners, therefore, are constrained to approach this Court.
4. Notice was issued by us on August 11, 2003, and was made returnable on August 14, 2003 in view of urgency and prayer for ad interim relief. The respondents appeared, and affidavits have been filed by them. We have heard the learned Counsel for the parties.
5. Mr. Anturkar, learned Counsel for the petitioners, stated at the outset that he would be praying for relief in respect of three places, viz., (i) Ganesh Kala Krida Kendra, (ii) the ground opposite to Shaniwarwada and (iii) Baburao Sanas Sports Ground. Regarding Ganesh Kala Krida Kendra, the Counsel contended that rules have been framed, but they nowhere provided that the allotment should be made by inviting tenders or by giving advertisement in newspapers or by calling competitive bids from persons interested in getting such ground.
6. According to the Counsel, the provisions of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "the Act") would apply to the case on hand. The provisions of section 79 were, therefore, required to be followed. The said section provides for "disposal of municipal property". Clause (c) of section 79 states that with the sanction of the Corporation the Commissioner may lease, sel
