Thread by @barandbench

Bombay High Court hears PIL seeking directions restraining immersion of Ganpati idols in the Sanjay Gandhi National Park on the last day of Ganesh Chaturthi festival.

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Adv Shriniwas Patwardhan: There is a notification and permission is granted for immersion of idols.
To go inside the park, I am frisked at three levels, food, plastic is not allowed.
There is executive GR, that state has permitted enmasse immersion into the national park.

Patwardhan: Former municipal corporator says they will permitted.

Court: The news article shows there is permission. What is an ordinary man supposed to know? That is a straight indication that permission was sought and it was granted for idol immersions in national park.

Court: (to GP) If you are saying that there is no permission, and someone has on his own said this, then you make a statement that there is no permission.
We are maintaining sanctity of the national park and we will see that there should be no damage to the national park.

Court: … and water bodies and national surroundings.

Government Pleader Purnima Kantharia: I cannot make a statement, please do not record my statement.

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Court: Then we will say that this is a news article and this cannot be construed to be a permission. There is no assurance given by state and there is no interim. He has coming with this news item and it is rightful apprehension…

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GP: If arrangements are required to be made, those will be made, police will be deployed.

Court: Such a letter is given by an organisation and this would start an agitation.
We are with you, if you are taking steps to protect damage to ecology and wildlife..

Court: … then we have to protect it not only under the law but also as a duty.. It is also for the generations ahead.
If such things start then appropriate action has to be taken.

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GP: Directions when given, those will be followed.

Court: Last few years, awareness is there, they are ensuring that there is safeguarding of environment.
This news that permission is given is wrong then state ought to take an action.

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Court: This sends a wrong statement to the society. But authorities have not given oral assurance right?

GP: No. We will bow down to the order of the court. But milords mayy not record any statement of mine.

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Order: Petition was mentioned with urgency at 10.30 am and the same is taken up on production at 2.30 pm.
The petitioner is a member of an NGO, which is active in the work of conservation particularly the rivers.

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Order: It is also submitted that since last few years, the NGO is taking conscious efforts of public awareness in so far as the immersion of the idols are concerned. It is submitted that the petitioner NGO encourages people to use artificial ponds for immersion of idols…

Order: …so as to avoid any ecological or environmental damage. It is also stated that certain idols, are upto 15 feet in height, and it is difficult that these idols are immersed in the natural water resources.

Order: It is further submitted that, initially, there was a park namely Krishnagiri National Park in the pre-independence era. In 1969, the park was expanded and the adjoining forest properties have been included in the park area.

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Order: The area was known as borivali national park for quite sometime. And then it was was changed to Sanjay Gandhi National Park.
As the area is declared as national park, the non-forest activities are not permitted.

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Order: A reference is made to, the provisions of wildlife protection act, there is also reference made to, the other flora and fauna, particularly, certain rare species.

Order: It is submitted before this court that, so as to protect the national park, the human intervention and activities are minimized by appropriate measures.

Order: It is submitted that considering the issue of causing damage by plaster of paris idols, certain directions were issued by SC and NGT too in various judgments.

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Order: The common thread in the judgements is to prevent immersion of the idols in the natural water resources.
Then there is a policy decision, of 12.05.2020 where by immersion of any plaster of paris idol is prohibited.
Reference is also made to orders of Nagpur Bench.

Order: And then order dated Aug 29, 2022 is placed on record. It has also placed on record certain photographs, before this court, that pursuant to such awareness activites and prohibition of immersion in natural water resources…

Order: the artificial ponds are installed at various places.

Order: Petitioners were surpised to read a news item in news paper, under caption “immersion allowed in SGNP”. It is further submitted by the counsel that reading of this news item would give an impression to the common man that permission is granted by the forest authorities…

Order: to immerse idols in SGNP. That looking through an element of danger and apprehension, rhe petitioners have approached this court, with the following prayers.

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Order: a) Writ be issued to authorities to restrain any activities regarding immersion of idols within the area of Sanjay Gandhi National Park, and/or, in the river flowing through the Sanjay Gandhi National Park.

Order: b) to prohibit any and all non forest activities that are likely to be carried out on 9th September, 2022 in the premises of Sanjay Gandhi National Park.

Order: c) restrain the Respondent Nos. 1-6 from permitting the immersion of any idols in the premises of Sanjay Gandhi National Park.

Order: The learned counsel was permitted to give an intimation to the GP and give a copy of the petition. GP Kantharia was fair enough to attend this court at 2.30pm so as to assist the court.

Order: Kantharia submitted to this court, that this news item is published by a private persons. She further submitted that, the authorities of the forest dept are vigilant enough so as to prevent any activity causing damage to ecology and environemtn and the wildlife.

Order: She also showed a communication addressed to BMC. By this communication, it is informed to the asst commissioner that, the authorities of this foreign dept are granting permission to install an artificial pond in the parking area next to main entrance gate of park.

Order: It is also specifically informed that the office of the asst commissioner is expected to take all possible steps to follow guidelines of Maharashtra and maintain law and order situation.

Order: Then there is another communication of aug 24, 2016. It is important to note that by this communication it is informed to deputy commissioner that there are three crocodiles in the natural water body situated in the national park.

Order: and it is very unsafe to undertake any activity of immersion of idols. The communication further states that, the possibility of an attack by the proponent cannot be ruled out and in such an event the possibiliity of endangering human life cannot be ruled out.

Order: The communication further informed the deputy commissioner that this issue is to be addressed seriously and the citizens are to be informed, to not to undertake any activity of immersion of idol, in the national park.

Order: Through letter of Aug 14, 2018 it was addressed to BMC, the need of public awareness is reiterated. It is specifically informed to the the commissioner that arrangements be made for installing an artificial pond outside the office of the national park.

Order: Considering all these communications above referred, we see no reason to entertain the petition on apprehension of news item or give directions.

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Order: At the instance of the state, let the state govt follow its policy in letter and spirit and strengthen the activity of preventing any damage to ecology environment or wildlife and if needed.

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Order: and considering the peculiar situation where there will be a large flow in the activity of the visarjan and immersion of idols.
The state govt may deploy additional force so as to prevent, damage to wildlife.

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Order: In case, if any attempt is made to mislead public at large, by making certain untrue statements, the state govt shall also take appropriate steps to prevent such mischief, by taking recourse to provisions of law.

Order: We further direct that the forest dept of state govt shall take all appropriate steps to prevent any activity to enter in the national park for immersion of idols and if any such attempt is made by breach of provisions of law by flouting circulars issues by the state

Order: then the forest authorites is at liberty to take appropriate steps.

Order: Any deployment of additional police force if required, then State to consider those steps and consider that at the earliest.

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