HC gives one-time permission for annual Kala Ghoda fest

Mumbai: Bombay high court on Tuesday allowed the annual nine-day Kala Ghoda Arts Festival to be held at Cross Maidan between January 20 and 28. It also granted organiser Kala Ghoda Association (KGA) one-time permission to conduct the festival every year without seeking prior permission of the court.
“There seems to be a commonly shared misunderstanding that there is a requirement of annual application.We don’t believe there is any substance to this understanding,” said Justices Gautam Patel and Kamal Khata.
KGA had filed an interim plea for permission in a pending petition by Organisation for Verdant and Ambience and Land (Oval) that had challenged a November 6, 2007, government resolution regarding allotment of public open spaces. The trust urged that the respondents—state revenue department, collector and BMC—be restrained from allotting Cross Maidan for circus and commercial don’t activities. In December 2017, HC restrained the authorities from allotting the ground to third parties without its permission. In February 2018, it allowed KGF to be held subject to conditions that included no food stalls or commercial activity and free entry to the public for musical events. The festival was allowed in 2019 and 2020, except for two years due Covid-19 restrictions. KGAF was allowed last year. “Considering that the said festival takes place every year and is well recognised all over the city..., it is prudent that one-time permission may be granted by this Hon’ble Court to conduct this festival every year in Mumbai in a hassle-free manner,’’ KGA’s petition urged.
The judges questioned why permission is required to be given every year to the same association when there has been absolutely no deviation from permission granted. “Where is the question of coming back (to court)? The Association is not asking to do something more adventurous. At least we don’t know. If the festival moves beyond Kala Ghoda, we’ll have something to say,” Justice Patel said. The judges directed that permission may be granted directly to KGA but on a strict insistence of compliance of permissions granted earlier by HC and a fresh undertaking not to breach them. They clarified that every other person or entity has to seek HC permission. They also directed that if any portion of the public garden is used during KGAF, the KGA will restore it.
The judges decided to “immediately” hear Oval’s petition after the festival. They took note when the petition was admitted in February 2018, KGA’s intervention plea was dismissed stating they will be heard at the final hearing.
“On what basis or capacity will it be heard?” asked Justice Patel. Directing KGA to be joined as a party, the judges posted the final hearing on February 5.