IN THE HIGH COURT OF BOMBAY AT GOA
F.M. REIS & K.L. WADANE, JJ.
Dr. Shantaram M. Lawande and Ors. – Petitioner
Versus
The Mormugao Municipal Council and Ors. – Respondent
PUBLIC INTEREST LITIGATION WP NO.21 OF 2013
Decided On : 04.08.2015
Public Interest Litigation - Regulation of Saptah Festival - [Public Interest Litigation] - [Section 1, Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 14, Section 15, Section 16] - The court discussed the directions issued by the learned District Collector to regulate and facilitate the annual Saptah fair, covering various aspects such as duration of the festival, law and order, traffic regulation, police control room, illumination, health services, sanitation, and closure of roads. The court found the directions to be reasonable and emphasized compliance with these directions every year when the festival takes place at the subject footpath. The court also directed the concerned authorities to comply with all the directions issued by the Collector, with liberty to move the Collector for any extension of the time period of the festival.
Fact of the Case:
The petitioners filed a Public Interest Litigation seeking various reliefs related to the regulation of the Saptah festival in Vasco da Gama city, particularly concerning the allocation of stalls on footpaths and streets, duration of the fair, and adoption of remedial measures.
Finding of the Court:
The court found the directions issued by the learned District Collector to be reasonable and emphasized compliance with these directions every year when the festival takes place at the subject footpath. The court also directed the concerned authorities to comply with all the directions issued by the Collector, with liberty to move the Collector for any extension of the time period of the festival.
Issues: The issues revolved around the regulation of the Saptah festival, including the allocation of stalls, duration of the fair, and adoption of remedial measures to ensure smooth traffic and pedestrian movement.
Ratio Decidendi: The court emphasized the reasonableness of the directions issued by the learned District Collector and the need for compliance with these directions every year when the festival takes place at the subject footpath. The court also provided liberty to move the Collector for any extension of the time period of the festival.
Final Decision: The court disposed of the Public Interest Litigation on the basis of the directions issued by the Collector, directing the concerned authorities to comply with all the directions and providing liberty to move the Collector for any extension of the time period of the festival.
F.M. REIS, J.
Heard Mr. Nigel Da Costa Frias, learned Counsel appearing for the petitioners, Mr. S.D. Padiyar, learned Senior Advocate appearing for respondent no.1 and Ms. P. Bhandari, learned Additional Government Advocate appearing for respondents no.2 to 4.
2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondents waive service.
3. The above Public Interest Litigation Writ Petition filed by the petitioners, inter alia, seeks for the following reliefs:
(a) For a writ of mandamus, or any other writ in the nature of mandamus or any order or direction commanding the Respondents to act and to ensure that no stalls are allotted or allowed to be erected on the footpaths and the streets in Vasco da Gama city during the forthcoming Saptah festival so as to block the free movement of the pedestrians and continuous flow of smooth traffic.
b) For a writ of mandamus or any other writ in the nature of mandamus or any order or direction thereby commanding the Respondents to restrict the Saptah fair to a maximum of two days i.e. the day of the actual festival and the next day.
c) For a writ of mandamus or any other writ in the nature of mandamus or any order or direction thereby commanding the Respondents to adopt the remedial measures suggested in paragraph X hereinabove.
d) Such other reliefs this Hon'ble Court deems fit in the facts and circumstances of this case.
e) For costs of this petition.
4. We have heard learned Counsel appearing for the respective parties. During the course of the hearing, it was pointed out that by an order dated 24/07/2014 passed in the above Writ Petition, specific directions were issued to the learned District Collector to examine measures to regulate and facilitate the annual Saptah fair on the subject footpath. The learned Collector after hearing all the concerned parties and stakeholders of such festival passed an order dated 31/07/2014. On perusal of the said order, we find that the learned District Collector has minutely examined all the different factors in connection with the subject festival which goes on for a period of 7 days and has issued directions to regulate traffic as well as the movements of the pedestrians and the installation of the stalls on the subject foot path. The District Collector has accordingly directed steps needed to be taken by the concerned parties with regard to such festival by observing thus:
1) Duration of the Saptah/Stalls:
The duration of the Saptah Festival shall be for seven days only starting with the first day of religious ceremony of Dev Damodar. On completion of seventh day, all the stalls should be removed by midnight of 8th day. Failure to remove the stalls by the vendor, the Chief Officer with the help of his team and police take action as per the municipal Act in force. Considering the space and movement of devotees the Mormugao Municipal Council is allowed to put up one thousand stalls during the festival, starting from 02/08/2014 to 08/08/2014.
2) Law and Order:
Superintendent of Police, South shall prepare a detail scheme for police bandobast to deal with any law and order situation. Additional care should be taken to maintain peace, tranquility and communal harmony. Necessary magisterial arrangement will be done by District Administration.
3) Traffic Regulation:
Deputy Superintendent of Police (Traffic) South shall prepare scheme for traffic control during the entire period of Saptah Festival. Diversion of traffic by F.L. Gomes road, Khariwada road etc. shall be decided well in advance and proper sinages be got installed at various places through Chief Officer, Mormugao Municipal Council.
Proper parking islands be demarcated and declared to the public well in advance.
4) Police Control Room:
Superintendent of Police, South to set up police control room alongwith the viewing system of CCTV surveillance which will be arranged by the Chief Officer, Mormugao Municipal Council. Nine watch towers erected
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