MUMBAI: Denying permission to erect temporary pandals on roads and footpaths for festivals shall not amount to breach of fundamental right to religion unless the organizers prove that the place has religious significance, the Bombay high court said on Wednesday.

A bench of Justice Abhay Oka and Justice Revati Mohite-Dere directed that the municipal commissioner, while exercising discretionary power to grant permission, “shall be bound to consider the right of citizens to have roads in reasonable condition” as held by its May 20 order. Further, the commissioner shall keep in mind the law laid down by the Supreme Court in the M Ismail Faruqui case where it had held that the “fundamental right to religion cannot extend the right to worship at every and any place unless a particular place has significance so as to form an essential and integral part of religion”. A condition shall also be laid for display of permission on pandal , the HC said.

The court also directed district collectors to set up teams of revenue officers, not below the rank of tehsildar, to visit corporation limits before and during the festival to check if pandals have been erected on public roads and footpaths without permission, and report breaches to the commissioner who will then take action against the organizers.

On March 13, the high court had passed a slew of interim directions on a PIL by Mahesh Bedekar on the menace during festivals, such as Ganeshotsav, Navratri and dahi handi in Thane. The bench was miffed that the state government has “completely failed” to implement its directions, especially setting up a complaints redressal mechanism within two months. The court said that the directions were issued to implement the Noise Pollution (Regulation and Control) Rules 2000 and to ensure that Supreme Court orders are implemented.

Refusing to grant more time, the court directed the chief secretary to furnish names, with designations of officers responsible, so that it could issue contempt of court notices to them. “Law has been laid down by the Supreme Court right from 2000. Unless we take drastic action, the state won’t act,” said Justice Oka.

Noting that corporations have not complied with directions to frame a policy for granting permission to erect pandals on streets or even reply on action taken, the bench granted them time till July 2 to do so.