The Bombay high court on Friday refused to grant urgent relief to Vishwa Hindu Parishad (VHP) on its application seeking permission for Ganpati idol immersions in Aarey Milk Colony in suburban Goregaon.
A bench of Chief Justice DK Upadhayaya and Justice Arif Doctor, on September 12, has directed the Brihanmumbai Municipal Corporation (BMC) to make adequate arrangements for safer immersion of idols in Mumbai city and suburbs.
Since, the bench headed by CJ was not available on Friday, the VHP’s application was listed for hearing before a bench of Justices Nitin Jamdar and Manjusha Deshpande. The bench noted that the plea should be heard by the CJ led bench which issued specific directions in the PIL by NGO Vanashakti to prevent immersions in 3 lakes within Aarey, that is part of the eco-sensitive zone of Sanjay Gandhi National Park.
Urge to suspend Sept 12 order
VHP urged HC to stay/suspend the September 12 order and allow immersions there. The judges questioned VHP’s locus standi (the right or capacity to bring an action or to appear in a court) pointing out that no local residents have moved the court. VHP’s counsel Anil Singh said it is an all India organisation and a registered society.
When the judges asked why VHP had not intervened when the PIL was being heard since the beginning of the month, Singh said they filed the plea a day after the media reported the order.
Singh said VHP is not pressing the prayer for a stay for the time being but seeks that BMC makes alternate arrangements by creating artificial ponds. He said that after Aarey CEO’s order rejecting permission to BMC to allow immersions states that it can approach the SGNP monitoring committee. He said HC may direct the committee to consider its application.
Govt's notification prohibits immersions of idols in ESZ
Meenaz Kakalia, advocate for Vanashakti, said the notification by the Ministry of Environment and Forests on December 2016 prohibits activity of immersions of idols in ESZ and the committee cannot allow it.
The court said that VHP should move the regular bench and kept it for hearing on September 25.
