Disclose steps taken for eco-friendly immersion of idols in Aarey lakes during Ganesh Chaturthi: Bombay High Court to BMC

The Bombay High Court on Monday asked the Brihanmumbai Municipal Corporation (BMC) to show what steps have been taken to ensure the eco-friendly immersion of idols in lakes of the Aarey colony during the upcoming Ganesh Chaturthi celebrations. [Vanashakti & Ors v. Municipal Corporation of Greater Mumbai & Ors].A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor was informed that a local Member of Legislative Assembly (MLA) had sought permission from the BMC to immerse idols in lakes situated within Aarey. The permission granted by the BMC for such idol immersion in Aarey was challenged by an NGO Vanashakti, in a public interest litigation (PIL). The Bench was surprised that such permission was granted, especially when there was a 2008 High Court judgment and guidelines issued by the Central Pollution Control Board (CPCB) restraining the 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,” the Court proceeded to order. .Before adjourning the matter to September 8, the Court also suggested that the BMC ensure that artificial ponds are created for immersion.“You have to disclose. There is a mechanism provided in the guidelines. License 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..In its plea, the NGO had relied on a Central government notification that declared the Aarey forest area and the lakes situated therein as an eco-sensitive zone.The NGO claimed that the permission granted by the BMC allowing the immersion of idols in Aarey was in violation of the CPCB guidelines and the 2008 High Court judgment on the issue. It claimed to have discovered that such permission was granted after the said MLA displayed posters promoting idol immersion in these lakes..Taking a dim view of these developments, the Court said,“It is not just guidelines of the Court but also the notification of the CPCB that clearly prohibited immersion of substance which may be dangerous to environment and ecology that exist in Aarey colony. A 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 caste on it which is reflected in the letter.".Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.