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This is an archive article published on September 4, 2023

BMC told to list steps taken for eco-friendly idol immersion at Aarey Colony as NGO moves HC

Following a letter from MLA Ravindra Waikar, the petitioner alleges, permission has been granted to immerse idols in the lakes in violation of a court order and central norms.

idol immersion, mumbai, ganesh festival, indian expressNGO sought a direction to put in place measures to prevent the immersion of idols, including those made of plaster of Paris or other artificial materials, in the three Aarey Colony lakes. (Representational Photo)
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BMC told to list steps taken for eco-friendly idol immersion at Aarey Colony as NGO moves HC
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The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation to submit details of steps taken to ensure that the immersion of idols in the Aarey Colony area is done in an eco-friendly manner during the Ganesh festival beginning from September 19.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor gave the direction while hearing a PIL petition filed by the NGO Vanashakti, which wanted the BMC to prevent the immersion of idols in the Chhota Kashmir lake, Ganesh Mandir lake and Kamal lake in the Aarey Colony area. The petition also sought a direction to the BMC to make urgent alternative arrangements for creating artificial tanks for immersion outside the colony.

The NGO 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.

Vanashakti 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. The NGO stated that the central government had declared the area as an eco-sensitive zone.

The bench expressed surprise over such permission being granted despite a high court judgment and the CPCB guidelines having barred the immersion of idols made from non-biodegradable materials in natural waterbodies.

“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,” the bench said.

The NGO claimed they had learnt about the permission after Waikar, a Shiv Sena (UBT) MLA, displayed posters promoting immersion in the lakes.

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“It is not just guidelines of the court but also the notification of the CPCB that clearly prohibited immersion of substances which may be dangerous to the environment and ecology that exist in Aarey Colony. 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,” the bench said.

Pending the hearing of its plea, the NGO sought a direction to put in place measures to prevent the immersion of idols, including those made of plaster of Paris or other artificial materials, in the three Aarey Colony lakes.

Posting the next hearing of the matter to Friday, the bench asked the BMC to ensure artificial ponds are created for the idol immersion and that the CPCB guidelines are complied with. “You (BMC) have to disclose. 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 court said.

Last year, the court directed the Maharashtra forest department to prevent people from entering Mumbai’s Sanjay Gandhi National Park for immersing idols in the Dahisar river on the tenth day of the Ganesh festival.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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