Make arrangements for safe immersion of Ganesh idols, HC tells BMC, other civic authorities

The HC was hearing a PIL seeking direction to the BMC to prevent the immersion of idols in the Chhota Kashmir lake, Ganesh Mandir lake and Kamal lake in the Aarey Colony.

The BMC had told the HC that while the CEO of Aarey Colony on August 11 had informed the civic body that the area being an Eco-Sensitive Zone (ESZ), immersion of Ganesh idols cannot be allowed at Aarey Talao at Dinkarrao Desai Marg, it had sent another letter to the CEO to give a No-Objection Certificate (NOC) for utilisation of the lake at least for this year.

However, the BMC, through senior advocate Milind Sathe, had said immersion of idols will not be allowed by the municipal authorities in the lakes at Sanjay Gandhi National Park (SGNP), unless the CEO of Aarey Colony grants due permission.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor was hearing a PIL argued through advocates Tushad Kakalia and Yogesh H Pandey, seeking a direction to the BMC to make urgent alternative arrangements for creating artificial tanks for immersion outside the colony citing pollution being caused at natural lakes on account of immersion of idols made of Plaster of Paris (PoP) and other artificial materials.

The NGO had referred to a permission granted by the civic body on the letter of local MLA Ravindra Waikar to immerse idols in the Aarey Colony lakes and said it was in violation of a 2008 high court order and the Central Pollution Control Board’s guidelines. The bench expressed surprise over such permission being granted despite the HC and CPCB directives barring immersion of idols made from non-biodegradable material in natural water bodies.

On Tuesday, Government Pleader Purnima H Kantharia representing the CEO of Aarey Colony submitted that no permission shall be granted for immersion of idols in the lake of Aarey Colony keeping in view the provisions contained 2016 notification of the state and guidelines issued by CBCB in May, 2020.

The NGO submitted that despite efforts made by BMC, it failed to comply “in letter and spirit” with CPCB guidelines and asked the civic body to identify and arrange adequate temporary or artificial ponds or tanks at suitable places.

The bench, in light of submissions by the BMC and Aarey Colony CEO, directed that “for safer immersion of the idols, adequate arrangements shall be made by the different urban local bodies throughout Mumbai and in the suburbs lying in its vicinity in terms of the guidelines issued by the CPCB in its notification dated May 12, 2020”.

The court also directed the state, BMC, MPCB and CEO, Aarey Colony and member secretary of monitoring committee of SGNP to file within four weeks detailed response to the PIL, along with details of the steps taken by these authorities to implement 2020 CPCB guidelines and ensuring compliance of December, 2016 notification issued by Union Ministry of Environment and Forest.

The court asked petitioners to file rejoinder, if any, two weeks thereafter and posted further hearing to November 1.