Indore, Jun 26 Clearing the way for organising a fair on Muharram in Indore, the Madhya Pradesh High Court on Friday quashed the Municipal Corporation's Mayor-in-Council (MIC) resolution that had withdrawn its approval for the event at the last minute.
The HC's Indore bench noted the MIC decision, taken without giving the petitioner an opportunity to be heard, was inconsistent with the "proper administrative decision-making process".
Justice Pawan Kumar Dwivedi accepted event organiser Waqf Karbala Intezamia Committee's petition regarding the traditional holding of the Muharram fair after hearing arguments from both parties.
With this, the single bench quashed the MIC's resolution of June 25 (Thursday) and revived the permission for the fair with all its conditions.
The court, however, clarified its decision pertained only to this year's fair and did not decide the question of the right to hold the event annually at the site.
The petitioner informed the court that the Waqf Karbala Intezamia Committee organises the Tazia procession and fair at the city's Dhobi Ghat every year, and the Indore Municipal Corporation (IMC) has been granting permission for it from time to time.
According to the petitioner, this year, the civic corporation, through an order dated June 25, granted permission for a three-day fair from June 26 to June 28, subject to the payment of a fee of Rs 1.36 lakh.
The petitioner stated that the MIC held a sudden meeting on the night of June 25 and passed a resolution revoking the permission.
The petitioner was not given an opportunity to be heard before the permission was revoked, and no notice was given regarding the violation of the previous year's conditions or outstanding fees, said the plea.
The IMC opposed the petition, stating that a September 13, 2024, decision of the First Appellate Court stated that only 0.02 acres of land at Dhobi Ghat was traditionally used, not for the fair but solely for the immersion of Tazias.
The corporation also stated that the full fee for the event was not deposited last year and that the conditions of the permission were violated.
After considering the facts, the HC stated that the civic body's June 25th permission did not mention anywhere that the fair organisers had violated the previous year's conditions.
The court also noted in its order that the IMC could not produce any documents demonstrating that any action had been taken against the violations of the previous year's conditions.
The bench noted that the application for holding the fair was submitted on June 3, but the permission was granted on June 25 and withdrawn the same night without serving a notice.
"In the considered view of this court, the manner in which the entire issue has been handled by the municipal corporation is not in accordance with the proper administrative decision-making process," observed the bench.
While disposing of the case, the HC directed that from next year, the organising committee will submit the application at least two-and-a-half months in advance and the municipal corporation will take a decision on it at least 30 days before the commencement of the fair.
