Bombay HC seeks replies from state, BMC on what rules are followed in permitting fun fairs

MUMBAI: Observing that precaution is better than cure and calling for better safety control on ‘fun fairs’ in the city, Bombay high court issued notice and sought replies from the State, BMC, police and fire departments by February 14 on a petition filed by a Mumbai resident over one such fair in Powai with high swings allegedly held sans proper permissions.
The HC in a Jan 31 order said “all precautions before hand are required to be taken without any untoward incident waiting to happen, leaving no scope for a complain against the official machinery.”
Javed Shaikh the petitioner, a resident of Andheri (east) complained of “illegal” setups styled as fun fair that cropped up in the city with large wheels and high mechanical swings.
The HC division bench of Justice Girish Kulkarni and Justice FP Poonawalla said the petitioner—not represented by anyone—raised “seminal issues” of fairs popping up sans any regulation.
The petition said there must be necessary certification of such installment being mechanically fit and safe to be permitted for use in such fairs.
The HC said “ over the years the magnitude of these fairs, which used to be small and manageable, has undergone a massive change, now involving lots of commercial activities on all fronts. Also, the numbers of people visiting such fairs have exponentially increased. In our opinion, such changed scenario of these fairs would certainly involve better control, administration and management,“ citing “ serious issues of safety of the visitors.”
The petition said BMC issued a Circular dated 2 November, 2015 prescribing conditions in issuing permission to a fair requiring separate applications for NOC from various departments. It said a detailed representation he made on Jan 14 this year to Additional Chief Secretary (Home Department), Municipal Commissioner, Joint Commissioner of Police (Traffic), Assistant Municipal Commissioner, Deputy Chief Fire Officer, Deputy Commissioner of Police (Zone-X), The Senior Inspector of Police, Powai Police Station acknowledged receiving it but took no steps to address his grievances.
The HC directed these authorities to file their replies on how to control and role of each authority in granting permission for these fairs.
The “Municipal Commissioner is directed to immediately have the response from the concerned officers of the respective ward,”
on the issue as to whether any rules and regulations including under the civic Health Department are being followed for such fairs.
The issues of over crowding, fire, hygiene, noise pollution and other aspects disturbing the “peaceful living of the residents in the vicinity,” as contended by the petitioner which itself would be a fundamental right, said the HC.
The nature of administration of such fair is “ a matter of serious concern,” said Justice Kulkarni adding that another concern over whether public lanes or roads could at all be permitted for such large fairs or can have restrictions “so as to not break the traditional celebration of such fun fairs.”
The public needs to be aware of the safety regime of such fairs said the HC.