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A single judge bench of Justice Rekha Palli of the Delhi High Court has dismissed a 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.
Another order of the DDMA also prohibited the designation of any site near the Yamuna Banks as a site for performance of Chhath Puja.
The court was hearing a plea filed by residents of Karawal Nagar stating that though the district has a population of over 2 lakh voters, not even a single site is designated to conduct Chhath Pooja.
Justice Palli dismissed the plea holding that the petitioner societies do not have any absolute right to perform the puja on the banks of the Yamuna River in a situation where 800 other spots have been designated for the purpose by the government.
The bench said to Advocate Jha for the petitioner societies, "Please show me that going to Yamuna river is a precondition to this Puja. Probably from your surname I can make out that you want to believe in Chhath Puja, but I'm not inclined (to grant any relief)."
The bench went on to warn the petitioner that it would dismiss the petition with costs as the petitioner was wasting time of the court.
Justice Palli remarked, "If you are such a religious person, please travel 7 km away to the designated spot. People travel from here to Haridwar also.."
Observing thus, the court ordered, "The petition has been filed by 2 petitioners claiming to be registered societies organizing religious and social functions in their respective areas. One of the festivals organized by them is Chhath Puja."
It recorded that the grievance of the petitioners is that vide orders dated October 29 and 30 of issued by the DDMA, while permitting the celebration of Chhath Puja in the territory of Delhi outside the containment zones, the authorities had imposed certain restrictions.
The petitioners assailed the orders insofar as the devotees are allowed to do puja only on designated sites, specifically the part which provided that no designated sites shall be set up on the banks of Yamuna river.
It was argued that they have a right to perform the Chhath Puja on the banks of Yamuna River which right has been curtailed without justifiable reasons.
They further contended that with such curtailment they should've created adequate number of designated sites including in Sonia Vihar, Wazirabad.
In response the authorities submitted that the DDMA orders are in deference of orders of the National Green Tribunal and that a sufficient number of sites (800) have already been designated to perform the puja, across Delhi. As such, there was no need to entertain the petition.
Accepting the arguments of the respondent authorities, the court held, "I don't see any merits in the petition. He has not explained as to how they are entitled to perform Chhath Puja on the banks of the river Yamuna itself", in light of the fact that there were designated sites for such puja in any case.
Therefore, the court dismissed the petition.
Cause Title: Chhath Puja Samaj Sudhar Samiti, Sonia Vihar and Anr vs Lt. Governor and Ors.
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