Nagpur: The Nagpur Bench of Bombay High Court on Thursday refused to revoke permission granted for the Vajramuth rally of Maha Vikas Aghadi (MVA) to be organized in Darshan Colony ground in East Nagpur on Sunday.
The High Court placed emphasis on conditions laid down by Nagpur Improvement Trust (NIT) while withholding any decision on permission for holding a rally on April 16 to MVA constituents at Darshan Colony ground. The High Court was hearing writ petition filed by three residents of Nandanvan area — Dhiraj Sharma, Amol Aakhre and Deotale, opposing the NIT’s permission for ‘Vajramuth’ rally.
A division bench comprising Justice Atul Chandurkar and Justice Mahendra Chandwani pointed out that the petitioners had not added the person — Congress leader Tanaji Wanve — who had sought permission from NIT for the rally as the respondent. “The beneficiary would be a necessary party in the present proceedings for the reason that by grant of such permission, a right has accrued in his favour,” the bench said.
“We find that the permission is granted on various terms and conditions, which also includes restoration of the aforesaid ground to its earlier position after conclusion of the meeting. To consider whether the requisite terms and conditions imposed in the March 31 order are complied with by the beneficiary, we keep the writ petition pending,” the court added.
While issuing notices to the respondents, including the Collector, Commissioner of Police (CP), Nagpur Municipal Corporation (NMC) Commissioner, and NIT, the justices directed them to file reply before April 24.
BJP MLA Krishna Khopde, who had led the residents’ protests in his individual capacity and even wrote a letter to NIT to revoke the permission granted for the rally, said that they would not move Supreme Court due to paucity of time. He, however, said that the residents will continue their protests till Sunday.
“We must appreciate the fact that the residents at least dared to oppose the rally. The HC has directed petitioners to add Wanve who had obtained the permission. Now, he would be held responsible for any damage to the ground and would be required to restore it to its original condition.”
Khopde added that they would perform Maha Aarti at Sai Mandir ground near the venue “praying to the God to grant wisdom to the MVA leaders”. “It will continue along with the Hanuman Chalisa event. The CP had admitted that the capacity of the ground is very less,” Khopde said.
The petitioners, including Dhiraj Sharma, contended that the approach roads to the rally venue were narrow and it would lead to congestion.
Advocate Rajatkumar Maheshwari appeared for the petitioners. In-charge GP Anand Deshpande (State), Advocates S M Puranik (NIT) and Jemini Kasat (NMC) represented the respondents.