The Bombay High Court on 4 September 2025 declined to permit the immersion of eco-friendly Ganpati idols at Banganga Talao, a historic and sacred water tank located in South Mumbai’s Walkeshwar area, during the ongoing Ganesh Chaturthi celebrations.
“When the court is faced with an issue regarding enforcement of an individual right, may be the fundamental right of the citizen and the right of the community, it should always bear in the minds of the court that some hardship to an individual or a mere infraction of a right of a citizen shall not be a ground to entertain the petition where larger issues are involved,” the bench observed while refusing permission.
The division bench of Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe dismissed a plea filed by local resident Sanjay Shirke, ruling that questions of public interest and heritage preservation outweighed individual or community rights.
The petition challenged a Maharashtra Pollution Control Board (MPCB) notification dated August 26, which directed that idols under six feet in height be immersed in artificial ponds. Advocate Bhavesh Thakur, appearing for Shirke, argued that the directive contradicted an earlier High Court order mandating only Plaster of Paris idols to be immersed in artificial tanks. He contended that eco-friendly idols should not be subject to the same restrictions.
Opposing the plea, Advocate General Dr Birendra Saraf, representing the state, said the MPCB’s move promoted environmentally safe practices and did not infringe on any absolute right. “Banganga is a protected monument and a heritage structure. The archaeology department has not granted any permission for immersions there. There are several artificial tanks nearby, and citizens are not entitled to insist on immersing idols only at Banganga,” Saraf submitted. He added that alternatives like Girgaon Chowpatty were available for immersion.
The court found the plea to be without merit. “We are not satisfied that this case even requires any notice. The petitioner has provided no data on the number of people involved or the duration for which the immersion tradition has been followed at Banganga,” the bench noted, declining to invoke its powers under Article 226 of the Constitution.
(With Inputs From India Today)
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