The Bombay HC has imposed several restrictions for public functions at Shivaji Park, a 28-acre public playground where cricket giants such as Sunil Gavaskar and Sachin Tendulkar honed their skills, and where the Sena Supremo himself used to hold packed political rallies.
A look at the orders passed by the Bombay high court reveals that since May 2010, it had called for strict enforcement of the Noise Pollution (Regulation and Control ) Rules, 2000, governing the silence zone. The high court, though, had granted permission since the past three years to the Shiv Sena to hold its annual Dussehra rallies on the condition that it would abide by the noise norms prescribed.
The chief minister does have discretionary powers to grant permission for use of a public ground when a crematorium may be inadequate, said a state official. A Sena spokesperson, Rahul Narvekar, said, "There was no violation of the noise restrictions despite the fact that lakhs came for the funeral on Sunday . And it was the correct choice as Balasaheb's career started at the same historic ground." Narvekar said that after Lokmanya
Tilak, whose funeral was publicly performed in 1920 in the open space at Chowpatty, Balasaheb Thackeray's was the only other public funeral in Mumbai.
The HC had, in September this year, permitted the city police to allow vehicular parking at Shivaji Park in central Mumbai for three days during the Ganeshotsav festival.
Earlier, in May 2010, the HC, on a PIL by NGO Wecom Trust, had in an interim order , declared Shivaji Park as silence zone.
Last October, the HC had also directed the BMC and the police to hold meetings with members of Wecom Trust and its trustee Ashok Ravat and other residents to chalk out options to ensure that residents don't face any nuisance. Advocate Kaustav Talukdar for Wecom Trust had, at a recent hearing, said a rally exceeded the noise levels while the Sena lawyer countered by saying they had not.
One of the main pleas in the NGO's petition was to get a declaration that Shivaji Park is a public playground while the BMC says it is a recreation ground. If it is a recreation ground, the state government has the power to allow its use for other purposes, said advocate Pradeep Thorat who represents the Sena in the case which is pending in the high court. The issue of whether it is a playground or a recreation ground thus is still to be decided.
Times View: Don't disturb park's geography
The Shiv Sena's demand for a memorial to Bal Thackeray at Shivaji Park, where he was cremated on Sunday, is perhaps in keeping with the sentiments of his lakhs of followers. However, it must be remembered that this is a public park governed by BMC regulations, which were bent even for the cremation as a one-time concession. While one does not know what exactly the Sena's idea is, it should bear in mind that a lavish memorial inappropriately placed could come in the way of the park's primary purpose, which is for citizens to walk and play. Shivaji Park has been the cricketing cradle of such sports legends as Sunil Gavaskar and Sachin Tendulkar, whom Bal Thackeray took personal pride in, and also the venue of many historic meetings. Disturbing its geography with a big memorial would be counter-productive .
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