IMPORTANT POINT
[The court established that authorities cannot withhold deposits without legal justification, and such actions may constitute unjust enrichment, violating constitutional rights.]

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 Sub Divisional Officer, Mumbai Western Suburbs - Respondent No.1 ('SDO'), and the two Fire Officers namely Chief and Deputy Fire Officers - Respondent Nos 3 & 4 ('CFO & DyFO') for their permission to conduct the event. The Petitioner was required to deposit, and he deposited Rs. 18,23,913 with the MMRDA, Rs. 2,57,405 as temporary Non-Agricultural charges with SDO, Rs. 8,03,150 as scrutiny fees for fire safety requirement and Rs. 57,850 as Hire Charges for fire Engine and Staff with the CFO & DyFO. The receipts annexed at pages 16, 19 and 20 of the Petition evince the same.

5. By a letter dated 18th May 2022, annexed at page 25 of the Petition, the B.K.C. Police Station refused to grant permission for the reasons stated therein. That is not the grievance in this Petition.

6. It is the Petitioner's case that all authorities except the SDO have refunded the amounts deposited with them on account of refusal of permission by the BKC Police Station. However, for the reasons unknown to the Petitioner the amount of Rs. 2,57,405 is not being refunded by the SDO. The fact that all others had refunded the amounts so deposited was recorded by the Petitioner's Advocate in the notice dated 29th July 2022 addressed to the SDO annexed at page 32 of the Petition. Since the SDO neither paid nor communicated any reasons for the refusal to refund the amount, the Petitioner was compelled to file this Petition under Article 226 of the Constitution of India.

PETITIONER'S CONTENTION:

7. Mr. Sangvikar for the Petitioner submits that the Petitioner sent several representations seeking the release of the deposits both through representatives and telephone. But for the reasons unknown to the Petitioner, the SDO has failed to refund the deposit on one pretext or the other. Mr Sangvikar submits that the refusal to refund the deposited amounts are a violation of Articles 14, 19(1)(g) and 21 of the Constitution of India. He submitted that the refund of the deposit collected from the Petitioner is mandatory and the Respondents have no authority in law to withhold these amounts. He accordingly submits that the Petition be made absolute with costs.

RESPONDENTS CONTENTIONS:

8. Ms Chaudhari for the Respondent No 2 to 4 referring to the affidavit in reply dated 29th September 2022 hesitatingly submitted that the refund was withheld as there is no policy which permitted the Respondents to refund these charges deposited by the Petitioner in the event for cancellation of a program/event. Ms Chaudhari does not dispute that these amounts mentioned in the Petition were deposited with the Respondents. Ms Chaudhari submitted that the Respondents were willing and did refund a sum of Rs. 57,850/- deposited by the Petitioner toward Hire charges for fire Engine along with Officer and Staff and the scruti