Ensure no Ganesh immersion inside Mumbai’s Sanjay Gandhi National Park: Bombay HC to Forest department – The Indian Express

The High Court was hearing a public interest litigation (PIL) by NGO ‘Mumbai March,’ a Mumbai-based citizens’ initiative working to push for rejuvenation of rivers, seeking to disallow ‘visarjan’ (immersion) in the Dahisar river inside the SGNP.

“If such an attempt is made by committing breach of provisions of law or flouting the circulars issued by the state government, forest authorities are at liberty to take appropriate steps against the violators,” a Division Bench of Justice Prasanna B Varale and Justice Shriram M Modak noted in its order.

The court said that it did not find any reason to entertain the plea on apprehension based on news items. “Let the state government follow its policy in letter and spirit and strengthen the activity of preventing any damage to ecology or wildlife,” the Bench said.

“If needed and considering the peculiar situation, there will be a large flow in the activity of immersion of idols, the state government may deploy an additional force so as to prevent damage to wildlife,” it said.

The Bench further cautioned, “In case even an attempt is made to mislead the public at large by making certain untrue statements, the state government shall also take appropriate steps to prevent such mischief by taking recourse to provisions of law.”

The immersion of idols in the river during Ganesh festival was stopped around 2018, and an artificial pond was set up outside the park. In August, the Nagpur Bench of the Bombay High Court had directed the state to make a comprehensive policy that promotes immersion of idols in artificial water bodies.

However, political banners and posters surfaced on Tuesday announcing that immersion is being allowed inside the national park. The Brihanmumbai Municipal Corporation (BMC) inaugurated a Rs 246 crore-project for the rejuvenation of Dahisar in December 2021.

As per petitioner, which referred to news items, the banners read: “It is difficult to immerse idols larger than 15-16 feet [in the artificial pond]. Demand from Ganesh mandals for immersion in SGNP has come through for September 9.” The NGOs and citizens protested against the same.

The petitioners, through advocate Shriniwas S Patwardhan, moved the court citing imminent danger to the ecology and sought to restrain any activities regarding immersions within SGNP and not to allow persons carrying musical instruments for ‘visarjan’ processions.

Patwardhan submitted that the petitioner organisation was surprised to read a news report suggesting the immersions would take place in SGNP which would give an impression to common people that a permission is granted by forest authorities for the same, therefore court’s intervention was required.

Patwardhan said that several directions were issued by the Supreme Court, National Green Tribunal (NGT) and the Central Pollution Control Board (CPCB) pertaining to the immersion of Plaster of Paris (POP) Ganesh idols in natural water resources. Moreover, the petitioner said that non-forest activities are not permitted in SGNP as per Wildlife Protection Act (WPA), 1972 and the area also consists rare species of flora and fauna

Government pleader Purnima H Kantharia and assistant government pleader Hemant Haryan referred to various communications by the state government to the BMC and the police and said that the forest department officials are vigilant enough to prevent any activity causing damage to the wildlife and ecology.

She referred to an August 12 letter by the forest authority to the BMC Assistant Commissioner which asked the civic body to follow various guidelines issued by the government and to maintain law and order situation.

She also referred to a August, 2016 communication wherein BMC was informed that there were a few crocodiles in the natural water body inside SGNP and it was very unsafe to undertake activity of immersing idols and the possibility of attack by the crocodile could not be ruled out. The letter said that BMC should address the issue seriously and citizens should cooperate with the same. The Bench disposed of PIL giving directions to the authorities.