Bombay High Court Directs BMC To Apprise Of Steps Taken For Ecologically Safe Immersion Of Idols During Ganesh Chaturthi
The Bombay High Court called upon the Municipal Corporation of Greater Mumbai (MCGM) to file an affidavit by September 8, 2023 as to what steps have been taken to ensure environmentally and ecologically safe immersion of idols in various water bodies of the State during upcoming Ganesh Chaturthi festival. The PIL mentioned a recurring issue where authorities have not effectively addressed the environmental concerns related to idol immersion during the festival.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor expressed concern that despite regulations and guidelines, the MCGM had urged idol immersion in the area and included the lake in Aarey Milk Colony as an immersion site. The Bench said, “In the aforesaid facts, we fail to understand as to how the aforesaid two letters dated 19th July 2023 and 18th August 2023 (which are available at Exhibits ‘K’ and ‘O’ respectively of this PIL petition) have been issued by the MCGM. It is also not comprehensible as to how the MCGM has included the lake in its Booklet mentioning it as an immersion site.”
The Court noted that the Central Pollution Control Board (CPCB) had issued guidelines, in 2020, to prevent pollution caused by idol immersion.
The Court said, “Compliance with these guidelines will, therefore, not only ensure that there will be minimal damage to the environment but also that the purity of the idols is retained as they would not contain any toxic or nonbiodegradable material which will ensure protecting the environment and ecology of the area.”
The Court mentioned the Environment (Protection) Act, 1986, which grants the Central Government the authority to protect and improve the environment. It noted that the Aarey Milk Colony, where idol immersion takes place, is within an eco-sensitive zone, and certain activities, including the discharge of untreated effluents and solid waste into natural water bodies, are prohibited within this zone.
The Court further noted that the Central government had constituted a Monitoring Committee, chaired by the Commissioner of MCGM, to monitor the eco-sensitive zone. The Court expressed concern that despite these regulations and guidelines, the MCGM had urged idol immersion in the area and included the lake in Aarey Milk Colony as an immersion site.
The Court called upon the MCGM to provide an affidavit explaining its actions and urges all relevant authorities to ensure compliance with the regulations and guidelines. The Court expected all relevant authorities to take steps to ensure compliance with the notification and guidelines by the next hearing date.
Cause Title: Vanashakti & Anr. v. Municipal Corporation of Greater Mumbai & Ors.
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