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2024 Supreme(Bom) 524

KAMAL KHATA, M. S. KARNIK
Pradip – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr Vinod P Sangvikar, for the Petitioner; Ms. MP Thakur, AGP, Ms. Vaishali Chaudhari, with Mr Aslam Tadvi, Anand Khairnar, & Santosh Parad with Ravindra Shirsekar, for the Respondent-BMC.

JUDGMENT

Kamal Khata, J. - Rule. Rule returnable forthwith. By consent of parties, taken up for final hearing.

2. Remarkably, this Petition seeks a refund of Rs 2,57,405/-, an insignificant amount by Mumbai standards, along with interest at 18% p.a. from the Brihanmumbai Municipal Corporation ( 'BMC'). This amount, along with other charges/deposits, was collected by the BMC as temporary Non-Agricultural charges, subject to grant of permission from the Police Department, for organizing an event in the MMRDA Grounds at Bandra Kurla Complex and was necessarily required to be refunded on account of refusal of permission by the Police Department and consequently cancellation of the proposed event.

Brief facts:

3. The Petitioner is a 'Reverend' in other words a Christian Religious Leader by profession. He desired to organize an event being 'Mumbai Shanti Mohotsav 2022. A Prayer Meet' at the Mumbai Metropolitan Region Development Authority ('MMRDA') ground on Plot No. G-17 to 19 G-TXT-22, popularly known as the MMRDA Ground, situate at Bandra Kurla Complex, Bandra East, Mumbai on 12th May 2022.

4. Procedure demanded and the Petitioner did apply to Bandra Kurla Complex (BKC) Police Station, the

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