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Synopsis

The division bench of the Bombay Court consisting Chief Justice Devendra K Upadhyaya and Justice Arif Doctor, directed the Brihanmumbai Municipal Corporation (BMC) to file a reply affidavit detailing the actions it has taken to prevent idol immersion in the Eco Sensitive Zone (ESZ)

The high court sought a reply while hearing Public Interest Litigation (PIL) filed by Vanshakti Trust challenging the permission granted by BMC for immersion of idols in three lakes of the Aarey Milk Colony.

"We fail to understand how letters have been issued by the corporation. It is also not comprehensible how the MCGM has mentioned it as an immersion site. We thus call upon the municipal corporation to file an affidavit by next date as to what steps have been taken by MCGM to ensure compliance with statutory notification under Environment Protection Act and the corporation also has to ensure what action has been taken to comply with guidelines of court. Affidavit to be filed what action taken by the monitoring committee. We expect that by the next date, all authorities including forest authority to ensure that guidelines are strictly followed," the court ordered.

The high court was hearing a Public Interest Litigation filed by the Vanshakti Trust that sought directions to be issued to prohibit immersion of idols in Chota Kashmir Lake, Ganesh Mandir Lake, and Kamal Lake in Aarey Milk Colony. 

Advocate Tushad Kakalia, representing the Vanshakti Trust, contended before the high court that the BMC's approval for Ganesh Idol immersion in these lakes contradicted a notification issued by the Central Government designating the area as an eco-sensitive zone. 

Kakalia pointed out that a local MLA had been granted permission by the BMC and had displayed posters promoting idol immersion in the lakes. He proposed an alternative solution of using artificial ponds for immersion, followed by transferring the clean materials into the lakes.

Kakalia added that a local MLA was granted permission by the BMC and he had put up posters for immersion of the idols. He suggested that immersion could be done in artificial ponds and after the immersion the clean substance could be put in the lakes.

The bench was informed that the notification from the Central Government, which declared the Sanjay Gandhi National Park an eco-sensitive zone, also encompassed the three lakes in the Aarey Milk Colony.

The high court, in its order, also noted that the corporation had disregarded the responsibilities placed upon it.

"It is not just guidelines of court but also the notification that clearly prohibited immersion of substance which may be dangerous to environment and ecology that exist in aarey colony. What we further notice is that a monitoring committee is formed for monitoring of an eco-sensitive zone headed by the municipal commissioner of the MCGM. However, the corporation seems to have been unmindful of its duties cast on it that is reflected in the letter," the court recorded 

During the proceedings the court also remarked that authorities should atleast comply with the mandate of the parliament.

"We can only issue directions to police police to comply with our order but at least comply with the mandate of parliament. This is not only notification declaring eco sensitive but statutory prohibition. How can these letters be issued," the court said. 

The PIL also seeks directions to be issued for creating artificial tanks at the outskirts of the Aarey Milk Colony for immersion of idols.

The plea also seeks directions to be issued to the respondents to put in place, measures and safeguards to prevent the immersion of idols including idols made of Plaster of Paris or other like artificial materials in the Lakes including the construction of a sufficient number of artificial lakes in the vicinity, the dissemination of information about such artificial lakes to the public at large and the deployment of adequate force to prevent the immersion of such idols in the Lakes during the Ganesh Chaturthi festivities scheduled to be held in September 2023.

The bench will now hear the PIL on Friday.

Case title: Vanshakti Trust Vs MCGM