HC to hear civic body's plea for parking on Shivaji Park

MUMBAI: Bombay high court will hear today a plea by Brihanmumbai Municipal Corporation to allow parking on Shivaji Park on Ganesh immersion days. Justice Dhananjay Chandrachud and Justice M S Sonak will hear a notice of motion moved by BMC in pending public interest litigation. Wecom Trust, on whose PIL HC on May 5, 2010 declared Shivaji Park a silence zone and subsequently directed no entry and parking of vehicles, has opposed allowing BMC's plea. On September 3, 2013 before a division bench of Chief Justice Mohit Shah and Justice M S Sanklecha its advocate argued that last year considering the urgency, the court had granted permission and directed parties to meet and decide alternate facilities.

"In the meeting held it was very clear that it is an eyewash,. They do not intend to use other means to handle the traffic," said the advocate. He said the zonal additional municipal commissioner had said an artificial facility will be placed before Tilak Bridge . He said BMC's application is silent on whether the proposal was considered and is seeking the benevolence of the court again. "At some point it very evident that it is not the intention of the court to be an arbitrator for the ground. Every order was passed (granting permission) because urgency was felt," he added.

BMC counsel S U Kamdar said it is not possible to make alternate arrangements. "We have restored the ground last year. Immersion in talao not possible because idols are increasing in height year by year," said Kamdar. The judges questioned about the ban on plaster of Paris. "The ban has not come into effect in respect of big Ganpati idols," said Kamdar.

He said in the meeting Wecom has not given suggestions or alternatives which are workable. "There will be tremendous commotion in the area if people not allowed to park," said Kamdar. Wecom's advocate said a bench headed by Justice Chandrachud last year took strong exception of non-compliance of HC 's August 2011 order directing a solution to be found. The judges then said it is better that the same bench hears the matter.

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