The Bombay high court on Monday interimly stayed an order passed by the Lokayukta which restrained the Dadar Parsee Colony Gymkhana from letting out its ground for social functions and marriages.
A division bench of Justice P B Majmudar and Justice R M Savant was hearing a petition filed by the gymkhana trustees challenging the Lokayukta’s May 2, 2011 order that the ground should not be used for any purposes other than sports. Last year, Jyotibhaskar Salgaonkar, who lives adjacent to the ground, lodged a complaint saying that the functions "cause nuisance to people residing in the vicinity." Justice Majmudar asked the trustees: "Are you playing music? You should not cause nuisance."
In July 1937, BMC leased the land to the trustees. Clause 12 of the lease deed states the ground cannot be used for any other purposes without consent of the BMC except as a playground.
The petition states that over the years, the trustees have taken permission from the BMC to give the ground on hire for marriages, festivals and social functions. "This is the main source of income for the gymkhana and the membership fees can be subsidized because of this income," the trustees added. The petition stated that directions were passed without hearing the gymkhana. They only learnt of the Lokayukta’s order when the BMC issued a notice to it.
Gymkhana’s counsel Firoz Bharucha said that the Lokayukta has no power or jurisdiction to pass such directions. The judges stayed the order and directed issue of notices to all respondents, including the state government and the Lokayukta. The matter is adjourned to October 17.
A complaint was made to the Lokayukta last year by Jyotibhaskar Salgaonkar, who lives adjacent to the ground Complaint to the Lokayukta was made last year by Jyotibhaskar Salgaonkar who lives adjacent to the ground saying functions cause nuisance to people residing in the vicinity.” Are you playing music? You should not cause nuisance,”said Justice Majmudar.
According to Gympkhana’s petition, it began in January 1, 1937 from a tent. In July 1937 Brihanmumbai Municipal Corporation leased the ground to the trustee. Clause 12 of the lease deed said ground cannot be used for any other purpose except as a playground without consent of the permission. Gymkhana’s petition said membership is open only to Parsee/Iranian Zoroastrians since its inception and its yearly subscription is minimal.
The petition states over the years, the trustees they have taken permission from BMC to give the ground on hire for marriages, festivals and social functions. This is the main source of income of the Gymkhana and only because such income its membership fees can be subsidised, it adds. The petition said directions were passed without hearing the Gymkhana. Only when BMC on June 3, 2011 BMC issued a notice to it, they learnt of the Lokayukta’s order which was annexed with it.
Gymkhana’s counsel Firoz Bharucha said the Lokayukta had no power or jurisdiction to pass such directions. The judges staying the order, directed issue of notices to all respondents including the State government and the Lokayukta. The matter is adjourned to October 17, 2011.
keep it up firoz
Salgaonkar’s and Justice Majumdar are highly disturbed by the Dadar Parsi Gymkhana playing music after taking permission, paying taxes , adhering to laws of the land, and in conjecture with all other Gymkhanas and grounds where functions are held.
Justice Majumdar’s statement that the Gymkhana plays music when functions are held either shows his ignorance or arrogance…. if functions were held without music then why the need for the law to stop music at 10 pm….
In any case Salgaonkar and Majumdar are of the ilk that do not get disturbed by loud music on the roads, with people dancing like monkeys , half drunk, throwing colors, blocking traffic , building mandaps on public property, blocking roads in a way that people cant even be taken to hospital…for days during ganpati, holi, diwali, durga visarjan, and the many jayantis….they do not get disturbed by loud functions allowed under the same law at the pandurang temple adjoining road no 5 of the parsi colony where similar functions are held or when the ‘mela days are ongoing…
If Justice Majumdar feels that the Parsi gymkhana is violating the laws then all other Gymkhanas around Mumbai should also have to put a stop to hold functions on their grounds…..or is this law applicable opnly to the Parsis as Salgaonkar’s ego and influence would not work elsewhere….
Indeed the Parsis should book a car for Justice Majumdar and take him around aMumbai Gymkhahans and ground where functions are held daily….
Slagaonkar and Majumdar, Parsis are in a minority but they arnt stupid….Salgaonkar’s jealosy aided with frustrations are amply clear….Majumdar’s Justice is at best laughable..
keep it up firoz
keep it up firoz
Salgaonkar’s and Justice Majumdar are highly disturbed by the Dadar Parsi Gymkhana playing music after taking permission, paying taxes , adhering to laws of the land, and in conjecture with all other Gymkhanas and grounds where functions are held.
Justice Majumdar’s statement that the Gymkhana plays music when functions are held either shows his ignorance or arrogance…. if functions were held without music then why the need for the law to stop music at 10 pm….
In any case Salgaonkar and Majumdar are of the ilk that do not get disturbed by loud music on the roads, with people dancing like monkeys , half drunk, throwing colors, blocking traffic , building mandaps on public property, blocking roads in a way that people cant even be taken to hospital…for days during ganpati, holi, diwali, durga visarjan, and the many jayantis….they do not get disturbed by loud functions allowed under the same law at the pandurang temple adjoining road no 5 of the parsi colony where similar functions are held or when the ‘mela days are ongoing…
If Justice Majumdar feels that the Parsi gymkhana is violating the laws then all other Gymkhanas around Mumbai should also have to put a stop to hold functions on their grounds…..or is this law applicable opnly to the Parsis as Salgaonkar’s ego and influence would not work elsewhere….
Indeed the Parsis should book a car for Justice Majumdar and take him around aMumbai Gymkhahans and ground where functions are held daily….
Slagaonkar and Majumdar, Parsis are in a minority but they arnt stupid….Salgaonkar’s jealosy aided with frustrations are amply clear….Majumdar’s Justice is at best laughable..
Salgaonkar’s and Justice Majumdar are highly disturbed by the Dadar Parsi Gymkhana playing music after taking permission, paying taxes , adhering to laws of the land, and in conjecture with all other Gymkhanas and grounds where functions are held.
Justice Majumdar’s statement that the Gymkhana plays music when functions are held either shows his ignorance or arrogance…. if functions were held without music then why the need for the law to stop music at 10 pm….
In any case Salgaonkar and Majumdar are of the ilk that do not get disturbed by loud music on the roads, with people dancing like monkeys , half drunk, throwing colors, blocking traffic , building mandaps on public property, blocking roads in a way that people cant even be taken to hospital…for days during ganpati, holi, diwali, durga visarjan, and the many jayantis….they do not get disturbed by loud functions allowed under the same law at the pandurang temple adjoining road no 5 of the parsi colony where similar functions are held or when the ‘mela days are ongoing…
If Justice Majumdar feels that the Parsi gymkhana is violating the laws then all other Gymkhanas around Mumbai should also have to put a stop to hold functions on their grounds…..or is this law applicable opnly to the Parsis as Salgaonkar’s ego and influence would not work elsewhere….
Indeed the Parsis should book a car for Justice Majumdar and take him around aMumbai Gymkhahans and ground where functions are held daily….
Slagaonkar and Majumdar, Parsis are in a minority but they arnt stupid….Salgaonkar’s jealosy aided with frustrations are amply clear….Majumdar’s Justice is at best laughable..