Bombay High Court Directs Authorities to Prevent Immersion of Ganesh Idols in Sanjay Gandhi National Park
The Bombay High Court on Thursday after considering that the news item may give an impression to the common man that permission for immersing in idols was given by the forest authorities to immerse idols at SGNP asked the authorities to prevent such activities.
A division bench comprising Justice P.B Varale and Justice S.M Modak directed the Forest Department and State Government to take appropriate steps to prevent any activities related to the immersion of idols at the Sanjay Gandhi National Park. Further, if any such attempt was made against the order or circular of the state government, forest department, or forest authorities to immerse idols the state government and forest government were given the liberty to take action under the appropriate law.
The petition was mentioned before the bench by an NGO who are active in work related to the protection of rivers. It was submitted to the court that the petitioner has been trying to create awareness among the public concerning the immersion of Ganesh idols for the last few years.
The petitioner placed before the court the 2020 order of the Central Pollution Control Board whereby immersion of idols made of plaster of paris is prohibited. Further, an order of the Nagpur bench of 2021 was also annexed, wherein a suo moto PIL was taken up.
The petitioner submitted before the court a newspaper captioned as:
"बाप्पाचे विसर्जन संजय गांधी राष्ट्रीय उद्यानात होणार" (Bappa will be immersed in Sanjay Gandhi National Park)
Further, the news item gave an impression to the common man that permission for immersing in idols was given by the forest authorities to immerse idols on 09.09.2022.
The news description stated that:
"या गणेश मूर्तीचे विसर्जन 9 सप्टेंबर 2022 रोजी संजय गांधी राष्ट्रीय उद्यानात करण्याची परवानगी मागितली होती, या मागणीला यश येऊन बाप्पाचे विसर्जन संजय गांधी राष्ट्रीय उद्यानात होणार आहे याची सर्व नागरिकांनी नोंद घ्यावी" (All the citizens should note that permission was sought to immerse this Ganesha idol in Sanjay Gandhi National Park on September 9, 2022. This demand will be successful and Bappa's immersion will be done in Sanjay Gandhi National Park.)
The petitioner prayed before the court to direct the respondent to prevent idol immersion at SGNP, prohibit all non-forest activities likely to be carried out at SGNP, and prevent any person from carrying any musical instruments such as drums, cymbals, loudspeakers, firecrackers, and/or any /noise making material/equipment into the premises of the SGNP.
The government pleader argued before the court the forest authorities are vigilant enough to prevent any such activities which would cause damage to the ecology, animals, and the environment. Further, the forest authority has also granted permission to immerse idols in an artificial pond outside SGNP, in the parking lot. An order issued by the Deputy Commissioner of Kandivali, in 2016, was also pointed out stating that it is unsafe to immerse idols in SGNP due to the presence of crocodiles. Another order of 2018 was placed before the court, creating public awareness of using artificial lakes for immersing.
While dismissing the petition the Bombay High Court directed the authorities that the State Government’s policy is followed in letter and spirit and strengthen the activity of preventing any damage to the ecology, environment, and wildlife. Considering the peculiar situation when there will be a large flow in the activity of visarjan or immersion of idols the court stated that the State Government may deploy additional forces.
Case Title: Anil Pandya versus State of Maharashtra