Keywords – Bombay High Court, Ganesh Chaturthi, Idol Immersion, Aarey Colony, Eco-Sensitive Zone, Eco-Friendly Measures, BMC (Brihanmumbai Municipal Corporation)
Mumbai, September 4, 2023 – The Bombay High Court has raised concerns over idol immersion practices in Aarey Colony ahead of the upcoming Ganesh Chaturthi festival. A division bench consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor sought answers from the Brihanmumbai Municipal Corporation (BMC) regarding the eco-friendliness of these immersions. This development arose from a PIL filed by the NGO Vanashakti, challenging BMC’s decision to permit idol immersions in three Aarey lakes – Chota Kashmir Lake, Kamal Lake, and Ganesh Mandir Lake.
The Court expressed surprise at the BMC’s decision to grant permission for idol immersion in Aarey, especially in light of a 2008 High Court judgment and guidelines from the Central Pollution Control Board (CPCB) that prohibit the immersion of idols made from non-biodegradable materials in natural water bodies. The Court emphasized its concern, stating, “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.”
In response, the Court directed the BMC to submit an affidavit detailing the steps taken to ensure compliance with statutory notifications and court guidelines. The Court further recommended the creation of artificial ponds for idol immersion, highlighting that a mechanism exists for managing such immersions, including the issuance of licenses to manufacturing parties and the prohibition of Plaster of Paris (PoP) idols.
Vanashakti’s PIL relied on a Central government notification designating the Aarey forest area and its lakes as an eco-sensitive zone. The NGO argued that the BMC’s permission for idol immersion in Aarey violated CPCB guidelines and a 2008 High Court judgment. They also revealed that this permission was granted after an MLA promoted idol immersion in these lakes through posters.
The Court expressed disappointment with the BMC’s disregard for its duties, emphasizing that the Corporation should uphold the environment and ecology in Aarey. The matter has been adjourned to September 8, and the Court expects the BMC to provide a comprehensive response regarding their compliance with environmental regulations and proposed eco-friendly measures.
Written by- Shuniti Sinha, College name – Brainware University , Semester- 7th, an intern under Legal Vidhiya
