A division bench of Justice V M Kanade and Justice Girish Kulkarni heard a petition by local resident Berges Malu complaining about the "hardships, inconvenience and nuisance and safety and security risk" to residents in the vicinity. The petition said
K Dubhash Marg, Maharashtra Chamber of Commerce Lane and Sai Baba Lane had been barricaded and stalls were set up there blocking the entry or exits points for emergency vehicles.
"Many residents of the area are senior citizens, including the parents of the petitioner and in the event of fire, medical emergencies or terrorist strike, it would be virtually impossible for any emergency vehicle to enter the main area where the festival is conducted, to attend to the residents and public," the petition said.
Urging direction to cancel permissions to the event, the petition said, "Every year visitors are increasing and the lack of visible security is extremely unnerving to the residents in the vicinity." It added that in the event of a fire, there may be a stampede ending in loss or life or limb. The petition also referred tothe continued blatant violation of noise pollution laws'' due to use of loudspeakers in a silence zone.
Malu's advocate said that "the area is used as a public toilet" in the absence of proper arrangements. Government pleader D A Nalavade stated, "We take all due care and caution." But the judges expressed concern, "What if something goes wrong? What if there is a fire?" asked Justice Kanade. The judges directed the government to reply pointing out what steps are being taken and arrangement made especially to address the concerns listed in the petition. Nalavade batted for the festival saying, These kinds of festivals are to be encouraged.'' Malu's advocate retorted, Not at the cost of inconveniencing the local residents.''
The matter will be heard next on January 30.
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