The Bombay High Court on Tuesday quashed and set aside a notice issued by the Mahim inspector general of police ordering the organizer of the annual Mahim Mela (Mahim Fair) on December 24 and 25 to cancel the mela due to traffic in the area.
The bench observed that the only concern raised by the police was about the traffic on the road and the same “cannot be a reason to cancel the permit as it is the duty of the defendants to control the traffic by appointing additional staff.”
“Such melas/events are part of social media where people from all walks of life participate. Their participation and enjoyment cannot be denied by such a quick/sudden notice as it has been celebrated for more than a hundred years,” the bench observed while setting aside the December 23 notice to stop the Mela centered on the Dargah of religious scholar Hazrat Makhdoom Fakih. Ali Mahimi to celebrate his life and teachings.
A vacation bench of Justice Shivkumar G Dige and Advait M Sethna was hearing a plea of Zahid Khamisa, owner of a firm called Angel Land, Agripada, which has been running horses and entertainment activities at Mahim Mela, Reti Bunder, Mahim, Mumbai since 1986.
Adv Prasanna A Bhangale for the petitioner argued that he obtained the necessary permissions from the authorities including the premises license issued by the Commissioner of Police, Mumbai which was valid from December 14 to 25. NOC) on December 12 from management, valid until December 25.
The notice, apart from traffic jams, also revealed that on December 25, people of the Christian community will gather in large numbers at St.
Bhangale contended that Mahim Mela has been running since 1901 and the petitioner along with many others have been running their shops and amusement rides there peacefully since several years without any untoward incident.
He added that the applicant received notices including an uncontested notice on Monday night explaining the reason for the traffic and Christmas celebration to “suddenly stop,” and was shocked and surprised by that.
Additional Public Prosecutor Prajakta P Shinde of the police objected to that and also said that Mahim Mela is organized on the right side of the road and due to traffic congestion in that area, it is stopping the traffic and people in the said area are suffering because of this. He said the notice was issued in accordance with the law and asked for the application to be dismissed.
The bench noted that the building license dated December 5 was given to the applicant by the police and it was said that if any complaint is received from the public, the license will be canceled or revoked.
“In this dismissed notice, there is no mention of any complaint received by the public,” the bench noted and said that mere fear of traffic cannot be a reason for revoking the permit.
Allowing his request, the bench directed the petitioner to cooperate with the respondent authorities and said that the company can open or operate its shop and board.
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