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Synopsis

The single-judge bench of Justice Subramonium Prasad of Delhi High Court on Wednesday dismissed a plea challenging a ban on celebrating Chhath Puja on the banks of the Yamuna River in Delhi.

While refusing to entertain the plea, Justice Prasad said, “The ban is for the purpose of preventing river pollution”.

As the court was inclined to dismiss the plea, the petitioner sought liberty to withdraw it, which was allowed.

The court was dealing with pleas by Chhath Pooja Sangharsh Samiti and Purwanchal Jagriti Manch challenging a notification dated October 29, 2021, whereby the Delhi government had clearly mentioned that “no site shall be designated on the bank of the river Yamuna for Chhath pooja’.

The plea filed through Advocate V.S. Dubey stated that there were 30–40 lakh devotees who were affected by the order and that the neighboring states of Uttar Pradesh and Haryana were still celebrating the festival on Yamuna’s banks.

It also stated that Chhath Pooja is the most prominent festival in Bihar and certain regions of Uttar Pradesh and Nepal.

“Respondent No. 1 (Delhi government) notified the aforesaid notification during Covid-19 period without any power… It is further submitted that respondent no. .1 has not mentioned proper laws or rules which entitle them to restrain the worship of 30–40 lakh of the devotees,” the plea read.

Notably, in November 2021, Justice Rekha Palli dismissed a similar plea assailing an order of the Delhi Disaster Management Authority (DDMA) prohibiting the performance of rituals of Chhath Puja on any site on the banks of the Yamuna River. 

Case Title: Chhath Pooja Sangharsh Samiti & Anr v. Govt. of NCT of Delhi & Ors.