The Kala Ghoda Association (KGA) has received approval from the Bombay High Court to hold its art and cultural festival at Cross Maidan, Mumbai, scheduled to run from January 20 to 28. The permission comes with the condition that the event will not feature refreshment or commercial stalls at the venue.

Justices GS Patel and Kamal Khata of the Bench additionally mentioned that starting next year, the KGA might be allowed direct permission by the civic authorities. However, this allowance would come with a stringent requirement to adhere strictly to the conditions previously outlined by the High Court in its earlier orders.

It was brought to the Court's attention that the public authorities, including the Collector of Mumbai, had been prohibited from assigning Cross Maidan to any third party without obtaining prior approval from the High Court.

The reservation of the land at Cross Maidan as a playground under the Development Plan was the reason behind this restriction. However, due to previous High Court orders allowing the festival to take place there, the Bench clarified today that there's no need to approach the Court annually for the same purpose.

The Court restated the conditions from its prior orders, emphasizing that if the Kala Ghoda Association (KGA) utilizes any part of the Cross Maidan public garden for the festival, it must ensure the restoration of the area to its original state afterward. Additionally, the Court clarified that the KGA is eligible to apply for a reduction or waiver of license fees. The authorities have been advised to consider such requests without requiring a specific order from the High Court.

The order stemmed from an interim application filed by the Kala Ghoda Association (KGA) within a writ petition initiated by the Organisation for Verdant Ambience and Land (OVAL), a public trust opposing the commercial utilization of the ground. The petitioner organization contested a government resolution dated November 6, 2017, which shifted the responsibility of maintaining Cross Maidan from the Mumbai District Collector to the Brihanmumbai Municipal Corporation (BMC).

The Bench highlighted that in prior orders related to this case, permission had been granted for the Kala Ghoda festival to take place at Cross Maidan. However, this permission was contingent upon the KGA committing not to establish refreshment and commercial stalls at the location.

The Court emphasized that the undertaking should explicitly mention that no section of the Maidan would be utilized for commercial activities. Furthermore, the events held during the festival must be accessible to the public without charging any entry fees. After issuing the interim order, the Bench scheduled OVAL's petition for a conclusive hearing and resolution on February 12.

Advocates Sameer Tapia, Siddhi Doshi, and Ria Lulla from ALMT Legal represented the Kala Ghoda Association during the proceedings.