1 NMW.499.2011-PILWP.116.09.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO.499 OF 2011 IN PIL WRIT PETITION NO.116 OF 2009 Wecom Trust & Ors. ...Petitioners Vs. The Union of India & Ors. ...Respondents And Swargandhar Pratishthan & Anr. ...Applicant Mr. Sandeep Aole, Mr. Nikhil S. D. & Mr. Kaustav T. i/b. Udwadia & Udeshi for original Petitioners Mr. H.V. Mehta for Union of India Respondent No.1 Mr. M.D. Naik with Mr. D.A. Nalawade for Respondents 2 & 3 Mr.S.S. Kanitkar for Applicant CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. Date : 21 October 2011. P.C. 1. In view of the orders passed in PIL No.116 of 2009, the Applicant has taken out this Notice of Motion to direct the Respondent Municipal Corporation to grant permission to the Applicant for organising Janata Raja show at Shivaji Park ground from 20 December 2011 to 25 December 2011 between 6 p.m to 10 p.m and for the said purpose to make available portion of Shivaji Park Ground from 10 December 2011 to 19 December 2011 for erecting of a temporary stage and the Applicant has indicated the location of the space required in Exhibit-F (at page 99) of 2 NMW.499.2011-PILWP.116.09.sxw the compilation. The learned Counsel for the Applicant has also invited our attention to the averments and contentions made in the Notice of Motion and in the rejoinder affidavit which indicate that the Applicant will not cause any nuisance and that the Applicant will also abide by the norms laid down in the Nuisance Pollution Control Rules 2000. 2. The learned Counsel for the Petitioners in the Public Interest Litigation has opposed the Notice of Motion and relied on the averments and submissions made in the affidavit made on 20 October 2011. Mrs. Joglekar, learned Counsel for the Municipal Corporation has also opposed for the permission to be granted. 3. Having heard the learned Counsel for the parties and having regard to the fact that in the Applicant proposed to organise the cultural event on the life of Chatrapati Shivaji Maharaj and that the Applicant has also agreed to abide by the norms laid down in the Nuisance Pollution Control Rules 2000, we direct the Municipal Corporation to grant permission to the Applicant to organise Janata Raja show at Shivaji Park ground from 20 December 2011 to 25 December 2011 between 6 p.m to 10 p.m and also direct the Applicant to use Shivaji Park ground subject to the condition that the Applicant will comply with the norms laid down in the Nuisance Pollution Control Rules 2000. 4. In order to enable the Applicant to make necessary preparations, the Municipal Corporation shall also permit the Applicant to make available the necessary portion of Shivaji Park ground from 13 December 2011 for erection of the temporary stage. 5. The Applicant shall take all the necessary steps to remove the stage and to restore the ground in the same condition within 3 days i.e, by 28 December 3 NMW.499.2011-PILWP.116.09.sxw 2011. 6. It is clarified that this permission is granted only for this year and as and when the Applicants decide to organise the show in future the Applicants are required to apply for fresh permission. CHIEF JUSTICE ROSHAN DALVI, J.