Adivasi Jungal Janjeevan Andolan And ANR v. Union Territory Of Dadra And Nagar Havel And Daman And Diu And ORS

905-ASWP-3112-2023.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3112 OF 2023 Adivasi Jungal Janjeevan Andolan & Anr

...Petitioners

Versus

Union Territory of Dadra and Nagar Haveli and Daman and Diu & Ors

...Respondents

Mr Mihir Desai, Senior Advocate, i/b Rishika Agrawal, for the Petitioner.

Mr HS Venegavkar, with Aayush Kedia, for the Respondent.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

21st March 2023 PC:- SHEPHALI SANJAY MORMARE by SHEPHALI SANJAY MORMARE Date: 2023.03.21 18:20:58 +0530 1.

The Petition can be disposed of with the following directions. The Petitioners complain that their proposal to hold a public rally in Silvassa has been refused by an order of 10th February 2023. The rally is proposed on 24th March 2023. Hence the urgency. 2.

Mr Venegavkar has telephonic instructions to state that the objection is to the route proposed by the Petitioners. It is supposed to start from the District Court at Silvassa, then go past two schools and terminate at the Collectorate, a very crowded and congested 21st March 2023

905-ASWP-3112-2023.DOC junction. The last time such a rally was held, because of the disruption, the authorities had to initiate two FIRs. 3.

There can be no blanket refusal for a rally and to this extent Mr Desai may be justified. But certainly there must be some regard to local conditions. Mr Venegavkar states that there is no problem with granting permission if the Petitioners accept the alternate route. Mr Desai states that an alternative route will be considered. In any case, we make it clear that it is difficult to accept the proposition that any person has a right to rally or a procession along a particular route.

4.

The Petition is disposed of in these terms.

5.

The Petitioners will be informed during the course of the day or at the latest by tomorrow, 22nd March 2023 since the rally is proposed on 24th March 2023.

(Neela Gokhale, J) (G. S. Patel, J) 21st March 2023