1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION (L) NO.1254 OF 2010 Venus Cultural Association. ..Petitioners. vs. The Union of India, through Ministry of Environment & Ors. ..Respondents. WITH NOTICE OF MOTION NO. 267 OF 2010 IN PIL WRIT PETITION NO. 116 OF 2009. Welcom Trust & Ors. ..Petitioners. vs. The Union of India, through Ministry of Environment & Ors. ..Respondents. .... Mr.A.C. Singh, i/b. A.D. Yadav, for Petitioners in W.P.(L) No.1254/10. Mr. M.V. More, AGP, for Respondent-State. Mrs. T.H. Puranik, for BMC. Mr. S.S. Aole, i/b. Udwadia & Udeshi, for Respondent Nos. 9 & 11. .... CORAM : S.J.KATHAWALLA & R.G. KETKAR, JJ. (VACATION BENCH) DATE : 26TH MAY 2010. P.C. The learned Advocate appearing for the Municipal Corporation states that by the order dated 24th May 2010 permission revoked on 10th May 2010 by the Corporation for use of the Shivaji Park Maidan by the Petitioners has been withdrawn and the Petitioners are allowed to hold the function on 29th May 2 2010 and 30th May 2010 as scheduled. The learned Advocate appearing for the Petitioners states that the Petitioners are desirous of holding the programme at the Shivaji Park Maidan only on 30th May 2010 between 6.30 p.m. to 9.30 p.m. and that the programme of 29th May 2010 is already shifted to Ravindra Natya Mandir, Mumbai. 2. It is submitted by the Petitioners that the programme is hosted by them to commemorate and celebrate the centenary of the legendary escape of Vinayak Damodar Savarkar (Veer Savarkar), one of the greatest patriotic freedom fighter of India, from the ship S.S. Morea when it reached the Port of Marseilles on 8th July 2010 by diving in the water and swimming a long distance to the shore, and also the centenary of the famous song written by him in the year 1910 - “ne majasi ne parat matrubhumila, sagara pran talamalala.” which has inspired millions during the freedom struggle and continues to do even today. The Petitioners have submitted that conducting the programme at Shivaji Park Maidan is most appropriate as Veer Savarkar lived and died in the same area. The Petitioners are working on the programme since the last one year and the said programme is of great national importance as it relates to one of the greatest freedom fighter. The Petitioners have also submitted 3 that the Municipal Corporation has till date not notified Shivaji Park Maidan and its peripheral as a “Silence Zone” as directed by the order of the Division Bench of this Court dated 5th May 2010. 3. In view of the above exceptional circumstances, the following order is passed by consent of the parties :- (i) The function of the Petitioners shall be held at the Shivaji Park Maidan on 30th May 2010 between 6.30 p.m. to 9.30 p.m. (ii) Mr. Sankhe, ACP who is present in Court, shall instruct his department to issue all necessary permissions to the Petitioners including the permission to use loudspeakers at the Shivaji Park Maidan between 6.30 p.m. to 9.30 p.m. on 30th May 2010. (iii) This order is passed under exceptional circumstances and shall not be cited as a precedent. (iv) Writ Petition is accordingly disposed of. (v) Notice of Motion No.267 of 2010 also stands disposed of. Parties to act on an ordinary copy of this order duly authenticated by the Associate of this Court. [R.G. KETKAR, J.] [ S.J.KATHAWALLA, J. ]