Mumbai: The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC) and other local authorities to endeavour that no water body is polluted on account of idol immersions during Ganesh festival celebrations.
Trust Flags Mishandling of PoP Idols
A bench of Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe was hearing multiple applications concerning idol immersions. One of them, filed by Shri Chhatrapati Shivaji Maharaj Charitable Trust, alleged that Plaster of Paris (PoP) idols were disposed of in a manner which hurts sentiments of a section of the society.
The plea contended that idols were immersed in undersized tanks and the untreated water and sludge were discharged into nearby nullahs, causing environmental damage.
Petitioner Seeks Proper Disposal Process
The trust’s counsel said, “From the second day idols are disposed of in nullahs. There is a process that has to be followed. The water is to be treated 8-10 times with lime and alum before disposal, but that is not being done. The manner in which idols are handled is hurting sentiments."
Court Dismisses Intervention Plea
The trust sought intervention in a PIL filed by activist Rohit Joshi regarding PoP idols, to ensure compliance with the court’s July 24 order and the Government Regulation dated August 1 guidelines. However, the bench dismissed the application, noting that the petitioner would have to file a separate petition.
CPCB Guidelines vs HC Orders
Advocate Ronita Bhattacharya, appearing for original PIL petitioner Rohit Joshi, reminded the court that the 2020 CPCB guidelines completely ban immersion of PoP idols in natural water bodies.
In July, the HC had permitted immersion of PoP idols up to six feet in artificial ponds and taller ones in natural water bodies. Bhattacharya told the court, “We have challenged this order before the Supreme Court since it goes against the CPCB guidelines. The order is not being complied with, and the GR too is not followed.”
Challenge to BMC SOP on Eco-Friendly Idols
Separately, Malabar Hill resident Sanjay Shirke filed a petition challenging BMC’s August 26 SOP and a letter from the Maharashtra Pollution Control Board directing that even eco-friendly clay idols, “so far as possible,” be immersed in artificial ponds.
Banganga Talao Immersion Dispute
Shirke’s counsel, Uday Warunjikar, argued that this violated citizens’ fundamental rights and contradicted both the July 24 HC order and the government’s August 1 guidelines, which regulate only PoP idols. “Here they say idols less than six feet also be immersed in artificial ponds. The order only applies to PoP idols,” Warunjikar said.
Shirke sought permission for immersion of clay idols less than six feet in Banganga Talao, a site associated with Lord Rama and centuries-old traditions.
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Government pleader Poornima Kantharia, however, contended that immersion was “never allowed” at Banganga. The HC has asked her to seek instructions from the authorities and kept the matter for hearing on Thursday.
