Shivaji Park can be used for non-sports activities….Hetal Vyas
The BMC has informed the Bombay high court that Shivaji Park is a recreation ground (RG) and not a playground (PG) and hence can be used for non-sporting activities at any time. The statement was made on Thursday by the BMC’s counsel during the hearing of a PIL filed by Wecom Trust, an NGO active in Shivaji Park area.
A division bench of Chief Justice Mohit Shah and Justice S J Vazifdar asked the state to file an affidavit on whether it regards Shivaji Park a PG or an RG.
The PIL was filed last year to get the park declared a silence zone. An HC division bench on May 5, 2010 directed the BMC to take steps to declare it a silence zone. Virag Tulzapurkar, counsel for the petitioner, argued, “The authorities have ignored the court’s order and have not yet declared it a silence zone. The BMC has to designate it a silence zone and the police have to enforce this. But their affidavits are silent about it.” He also informed the court that the BMC’s Development Plan (DP) showed Shivaji Park as a PG.
However, BMC counsel K K Singhvi replied that the final DP shows it as an RG. The court remarked, “Your (BMC) documents say Shivaji Park is a PG. You will have to explain it. Is it an error according to you?” Singhvi said that an affidavit filed on September 7, 2010 mentioned that Shivaji Park is an RG.
Tulzapurkar also argued that, as a playground, a maximum of 30 days can be given annually for using the ground for other purposes. He said that for Republic Day celebrations, the ground is reserved from January 11 to January 27 every year and for Maharashtra Day from April 15 to May 2. “Under the MRTP (Maharashtra Regional and Town Planning) Act, a PG cannot be used for commercial purposes for more than 30 days annually, but here activities are permitted to go beyond 30 days. They have to specify which 30 days.”
Tulzapurkar said that during public functions, sound levels rise to 80 to 90 decibels. “It is impossible for residents to live there,” he said.
Singhvi countered that Shivaji Park is an RG and can be used for commercial purposes as and when required. On declaring the area a silence zone, he said the state has recommended to the Centre that the Noise Pollution Rules be amended. “Every place in Mumbai has some temple or school, so it is not feasible to declare every area a silence zone,” argued Singhvi.
The court has also sought a reply from the BMC and police on their stand regarding declaring the park a silence zone.