Preparatory Works Essential for Public Safety: Karnataka High Court Allows Preparatory Work for Durga Pooja

Karnataka High Court in Sri. Shymol Santra & Others v. Commissioner, BBMP & Another (W.P. No. 27351 of 2024) granted permission to the petitioners to undertake preparatory works for Durga Pooja at Bannappa Park, Bengaluru, before the official commencement of the festivities on October 9, 2024. The Court ruled that preparatory works such as erecting pandals and stages were necessary for the safe conduct of the festival, but emphasized that no rituals should take place before the official period.

The petitioners, members of the Navajagran Public Sri. Durgapuja Samithi, sought permission to enter the Bannappa Park Playground in Sampangiramanagar, Bengaluru, from October 6, 2024, to prepare for the upcoming Durga Pooja celebrations. Despite the BBMP granting permission for the event from October 9-13, 2024, they were not allowed to begin preparations earlier. The petitioners approached the High Court, seeking relief under Articles 226 and 227 of the Constitution.

The primary issue was whether the petitioners should be allowed to begin preparatory works before the official start of the event. The petitioners argued that setting up pandals, rainproof shamianas, and stages was crucial for public safety and efficient organization. The BBMP, through its counsel, clarified that they had no objections as long as the preparatory works were restricted to October 6-8, 2024, and no pooja activities commenced before October 9, 2024.

Justice S.R. Krishna Kumar, after hearing both parties, allowed the petitioners to undertake preparatory works for the Durga Pooja. The Court noted:

"It is necessary to carry out preparatory work such as erection of pandal/rainproof shamiana, cleaning the place, building of solid stage with a platform/passage leading to the stage... prior to 09.10.2024."

The Court also emphasized that no pooja or related rituals should begin before the official dates. The permission was granted solely for preparatory activities to ensure smooth conduct of the event.

The Karnataka High Court permitted the petitioners to carry out preparatory works for the Durga Pooja from October 6-8, 2024, while ensuring compliance with safety regulations. However, the Court restricted the performance of pooja rituals to the official period from October 9-13, 2024.

Date of Decision: October 4, 2024

Sri. Shymol Santra & Others v. Commissioner, BBMP & Another