On Monday, the division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor of Bombay High Court seeks the measures implemented by BMC to ensure eco-friendly idol immersion in the lakes inside of Aarey Milk Colony during the upcoming Ganesh Chaturthi festival.

The High Court was hearing a PIL filed by the NGO Vanshakti challenging the BMC's decision to permit idol immersions in three lakes within the colony, namely, Chota Kashmir Lake, Kamal Lake and Ganesh Mandir Lake. The colony is an eco-sensitive zone.

The NGO challenged an official letter set by BMC to the CEO of Aarey Dairy stating that the lakes are required for immersion of Ganpati idols.

Later when officials visited the lake, it was closed. Thus, BMC wrote the aforementioned letter, as per the petition.

The petition alleges that in a separate letter to the CEO, the BMC asserted that MLA Ravindra Waikar had made a request for the immersion of idols in the lakes.

During the Course of hearing, the court noted that idols made from non-biodegradable materials in natural water bodies is prohibited by a 2008 HC judgment as well as guidelines by the Central Pollution Control Board (CPCB).

Earlier, CPCB guidelines ban idols made of Plaster of Paris (PoP). Therefore, court asked the BMC how it could issue letters permitting the immersion of idols in natural water bodies.

In recent hearing, the court directed the BMC to file an affidavit outlining the specific actions taken to ensure compliance with the guidelines.

Vanshakti has petitioned the court to instruct authorities to prohibit the immersion of idols in lakes located within Aarey Colony and to establish alternative facilities, such as artificial tanks, for idol immersion outside Aarey Colony. Additionally, they have requested the court to issue directives to the BMC for the development of regulations that forbid the manufacturing and immersion of idols in the colony, particularly those crafted from non-biodegradable PoP materials.

The petition additionally requests advanced preparations for the Ganesh Chaturthi festival, encompassing the creation of artificial lakes, public awareness initiatives, and heightened enforcement to deter idol immersion in ecologically sensitive zones. The petition aims to limit promotional activities that promote idol immersion in the lakes. While awaiting the court's verdict, the petitioners have requested immediate actions to prevent idol immersion during the upcoming 2023 Ganesh Chaturthi festival.

The court kept the case for further hearing on September 8.

Case no. – PIL(L)/24245/2023 [Original]

Case Title – Vanashakti Public Trust v. Muncipal Corporation Of Greater Mumba