On Thursday, 21st June 2018, the Bombay high court ruled the order that Mumbai’s iconic Girgaum Chowpatty beach cannot be damaged by holding functions and rallies.
A division bench of Justice Abhay Oka and Justice Pradeep Deshmukh asked the Maharashtra government, the BMC and the Mumbai Port Trust to handle the abrasion on the northern end of the beach and restore it within the time span of two months. More significantly, the court said that the 13-year-old restriction on holding public events on the beach would continue to remain in force. No functions would be allowed on the beach without the court’s permission, except religious ones which are already permitted, including Ganpati and Durga immersions, Ram Leela, Krishna Leela and a Christmas event.
After two years of trail the court finally came out with order after a massive fire broke out on the stage at the Make In India event in 2016 organized by the state on the beach. The bench said that the event caused “considerable destruction and damage” to a portion of the beach.
“Beaches are an essential part of the environment. If the beach is polluted, it will violate the fundamental rights of citizens under Article 21 of the right to live in a pollution-free environment,” said the judges while emphasizing why the Girgaum Chowpatty beach was so important to the city. “There are few open spaces left in the city where the common man can breath fresh air. Moreover, it is a major tourist attraction in Mumbai. It is the fundamental duty of every citizen to protect the beach,” said the judges.
The bench said the beach was also of national importance as freedom fighter Bal Gangadhar Tilak was cremated on the precinct. Tilak’s statue stands on a portion of the beach. “Thus, it is all the more necessary that the sanctity of the beach is maintained by keeping it clean and free from any pollution. It cannot be damaged by holding functions and rallies,” said the high court.
The court said the functions already allowed on the beach will be held only in the designated area of 300 by 150 square feet and there would be no divergence without its express permission. Besides taking steps to avoid abrasion, the authorities have been directed to remove all intrusion behind the Birla Kreeda Kendra by July 31 and from the Chhoti Chowpatty area by June 30. The court has asked the collector to ensure that no construction or storage of any equipment is permitted on the beach.
There was a HC committee appointed back in 2001 to monitor activities at the beach had flagged off various issues for the court’s orders. Soil abrasion is taking place at the northern end of the beach near the Walkeshwar Road bend, the court was informed by advocate Vaibhav Bajpai, counsel for the committee. senior advocate Rafiq Dada was applauded by the court for his work contribution, and allowed it to continue the work. Conservation architect Vikas Dilawari will be the newest addition to the committee, the court said, while asking the panel to invite opinion of experts on preserving the beach.
Activist Indrani Malkani, a member of the monitoring committee said to the press that “The erosion at the northern end of the beach is very serious and action has to be taken now urgently as per court orders”.