Questioning the BMC’s move to allow immersion of Ganesh idols in lakes inside eco sensitive zone of Aarey Colony in suburban Goregaon, the Bombay High Court has directed the civic body to to take steps to ensure that immersion of idols are done in an an eco-friendly manner during the Ganesh festival beginning from September 19.
A division bench of Chief Justice DK Upadhayaya and Justice Arif Doctor on Monday directed the Brihanmumbai Municipal Corporation (BMC) to file an affidavit while hearing a public interest litigation (PIL) NGO Vanashakti seeking direction to the civic body to prevent immersion of Ganesh idols in the three lakes — Chhota Kashmir lake, Ganesh Mandir lake and Kamal lake — in Aarey Colony. It also urged that the BMC be directed to make separate arrangements for creating artificial tanks for immersion outside the colony.
Advocate Tushad Kakalia, appearing for the NGO, submitted that the BMC had granted permission to immerse idols in these lakes. A letter to the effect was also written by the local MLA Ravindra Waikar.
Violation of 2008 HC order & guidelines issued by CPCB
Kakalia pointed out that this was in violation of the 2008 high court order and the guidelines issued by the Central Pollution Control Board (CPCB). He referred to the court judgement in which a slew of directions were issued for idol immersion and the CPCB was asked to lay down guidelines for it. Besides, the central government had declared the area as an eco sensitive zone.
The judges expressed surprise over the permission being granted despite the earlier high court order and the CPCB guidelines which banned immersion of idols made from non-biodegradable materials in natural water bodies.
“We fail to understand how letters have been issued by the corporation. It is also not comprehensible how BMC has mentioned it as an immersion site. We call upon BMC to file an affidavit by the next date as to what steps have been taken by MCGM to ensure compliance with statutory notification and to ensure what action has been taken to comply with the guidelines of the court,” CJ said.
According to the Vanashakti’s plea, it learnt about Waikar’s letter after payers were displayed
The NGO claimed they had learnt about the permission after Waikar, a Shiv Sena (UBT) MLA, displayed posters promoting immersion in the lakes.
Kakalia pointed out that a committee was formed to monitor the eco sensitive zone which, ironically, is chaired by the municipal commissioner.
"Corporation seems to have been unmindful of its duties cast on it..."
Irked, the bench said that the corporation has been unmindful of its duties. “A monitoring committee is formed to monitor an eco-sensitive zone headed by the municipal commissioner of BMC. However, the corporation seems to have been unmindful of its duties cast on it, which is reflected in the letter,” CJ said.
Vanashakti has sought that measures be put in place to prevent the immersion of idols, including those made of plaster of Paris or other artificial materials, in the three Aarey Colony lakes.
The HC, while keeping the PIL for hearing on September 8, has asked the BMC to ensure that artificial ponds are created for the idol immersion and that the CPCB guidelines are complied with.
“There is a mechanism provided in the guidelines. Licence is issued to manufacturing parties. PoP is prohibited. Your commissioner is appointed to ensure compliance. It is not that you don’t have an alternative. Create artificial ponds and do the immersions,” the bench said.
