1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.43 OF 2007 Fundamental Rights Protection Group and another. ..Petitioners. Versus T. Chandrashekhar & 2 others. ..Respondents. ... None for the petitioners. Ms.Kiran Bagalia, Advocate for M.M.R.D.A. ... CORAM : BILAL NAZKI AND SMT.V.K.TAHILRAMANI,JJ. DATE : 10th JUNE, 2009. P.C. :- 1. None appears for the petitioners. 2. This Writ Petition has been filed for the reliefs that the respondents be directed to extend the time of visiting to park from 5:30 am to 11:00 pm instead of 5:30 am to 6:00 pm. The petitioners further prayed that no fee should be charged from visitors for entering park and respondents should also not grant any permission to hold get-together, events, social gatherings, film shootings and marriages in the Urban Plaza and City Park situated at “E” block, Bandra-Kurla Complex, Bandra(E), Mumbai – 400 051. 3. Counter has been filed. On the last occasion, it was pointed out that this is a third attempt to get the same reliefs. Although different parties are shown, but, the Advocate appearing for all the three parties were the same. Therefore, by our order dated 8th April, 2009 we had asked the learned Advocate for the petitioner to file personal affidavit, which has been filed. In this affidavit, it is admitted that this is the third Writ Petition. Some reasons have been given which may not be necessary for us to consider at this point of time. We have found that the reliefs claimed by the petitioners are same which were claimed 2 earlier and, therefore, this Petition could have not been filed. Even otherwise, in the counter affidavit, the respondents have stated that in the park there is a multipurpose space of approximate 9,500 sq. mtrs. The paved Area (plaza) accessible to the public for 24 hours a day for 365 days free of cost and as far as 12,500 sq. mtr of the landscape area of the park is concerned, it is accessible to the public from 5:30 a.m. to 7:30 p.m. for an entrance fee of Rs.10/- per person. The respondent have explained the need for charging the entry-fee and also allowing Urban Plaza and City Park to be used for certain commercial activities. It is being done in order to augment the resources so that the park is well maintained. The park is a huge area of 10.93 acres. 15% of the land is set aside as recreational ground and this land has been developed by MMRDA as Urban Plaza and park having an area of 22,000 sq. mtrs.. The expenditure incurred on this area was Rs.3.65 crores and the maintenance cost of the park per year is Rs.30 lacs. Therefore, we do not find any reason to interfere and to call upon the respondents not to use the park for certain activities which would augment its resources in maintaining the park. It is also submitted that all municipal parks are used between 5:30 pm to 7:30 pm. It is submitted that normally people used the parks between these hours i.e. upto 7:30 pm and if the park is kept open beyond 7:30 pm, there are chances of miscreants using the park for some bad purposes. 4. Public Interest Litigation is disposed of accordingly. [BILAL NAZKI,J.] [SMT.V.K.TAHILRAMANI,J.]