Mumbai: The Bombay High Court on Friday told Anna Hazare and India Against Corruption (IAC) that MMRDA cannot be compelled to give venue to them for their three-day protest fast for a strong Lokpal Bill from December 27. The two-judge division bench of justices PB Majmudar and Mridula Bhatkar observed that the court could not come to the conclusion that IAC is the kind of organisation that will be considered by the MMRDA for subsidy.
"It is MMRDA'S discretion if they want to give the venue for free. We are not saying anything. The body is not yet registered so the court cannot ask concession or ask gates of Azad Maidan to be opened. If it is a social organisation it can get subsidy but it is not placed on record of court if they are doing any social activity, which justify them to get subsidy. The court is not an expert if law and order or traffic will be affected by this," said the bench.
"The MMRDA has permitted the use of the venue with appropriate charge. The court cannot compel MMRDA," the court said and added that when parliament is in force such meeting cannot take place.
The judges also told the petitioners that the court cannot decide whether their agitation is in public and national interest or politically motivated while rejecting the petition filed by Jagrut Nagrik Manch, affiliated to IAC, seeking direction to Maharashtra government to allot the MMRDA ground in suburban Bandra-Kurla Complex either for free or at a subsidised rate.
Earlier, the Maharashtra government told the High Court that the petition for allowing Hazare's fast at Azad Maidan has been rejected.
However, Anna said that Azad Maidan is small while the MMRDA vebue is bigger and suitable for the agitation. He claimed that several people have been come forweard to donate so that MMRDA charges can be paid.
"People have come forward to give donations so as to facilitate payment of charges for MMRDA grounds booking. So it should not be a problem," said Hazare.
Meanwhile, Team Anna is now likely to apply through Arvind Kejriwal's NGO PCRF, which is registered, to avail lower rates applicable for social organisations.
The rates may go down by as much as a few lakhs.
According to the MMRDA counsel, if Team Anna applies again through a registered organisation, they could be considered for rates applicable for social organisations.
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