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Synopsis

The Nagpur bench of Bombay High Court of Justice A.S. Chandurkar and Justice Urmila Joshi-Phalke in a suo moto Public Interest Litigation (PIL), passed an order on Thursday giving its assent to the state's interim policy to immerse idols.

Earlier on 13.07.2022 the High Court had passed an order directing the state government to frame a policy with regard to requisite regulations, prohibitions, machinery for implementation of the policy, a mechanism for dealing with the policy, its non-compliances, and consequences. Pursuant to the order, the state government formed a five-member committee on 10.08.2022 through its Environment and Climate Change Ministry.

After an extension granted by the High Court, the State government submitted its report on Thursday wherein an interim policy was laid down to immerse the idols of Ganesha in artificial water bodies rather than rivers, lakes, and ponds. The policy also lays down the roles and responsibilities to be carried out by the local and urban authorities.

Senior advocate, S.V Manohar, for the state, submitted that a six-member technical committee comprising representations from the Central Pollution Control Board had been set up to frame a policy that would operate from 2023. Further, the suggestions of the Amicus Curiae and other people interested in the matter will be taken by the government.

The Bench accepted the contentions of the state government and noted that “it is expected that the local bodies, urban authorities, and district authorities would take all necessary steps at their level to ensure that the policy as framed achieves the desired results as intended, this year”. The matter is to be taken up again on 21.09.2022 for further consideration.

CASE TITLE: Court on its own Motion vs. Union of India