Supreme Court Permits Immersion Of PoP Ganesh Idols In Hyderabad's Hussain Sagar Lake This Year As 'Last Chance'

The Bench has directed the State to file an affidavit in course of the day assuring that steps will be taken to minimize pollution in the lake, and High Court's directions for immersion will be strictly followed from next year.

The direction was issued after Solicitor Genera Mehta appearing for the State of Telangana assured the Court that to ensure the there is no pollution, the idols will immediately be lifted by cranes and will be disposed of according to rules of waste management. Further, the lake will not be used for immersion from next year.

A Bench comprising CJI NV Ramana and Justice Surya Kant was hearing a special leave petition challenging Telangana High Court's order issuing series of guidelines for

Ganesh Chaturthi celebrations across Hyderabad, including ban on immersion of PoP idols.

Justice Hima Kohli who was also part of the Bench recused from hearing the present matter as she had passed some related order as the Chief Justice of the Telangana High Court.

The Bench recorded, "Unfortunately this is a recurring problem happening in Hyderabad. In spite of several directions given by court, the government hasn't complied with all directions and every year immersions are happening in the lake which is causing pollution. Considering SG's submissions particularly in relation to the immersion of PoP idols - SG states they have taken steps to minimise pollution in the lake, and idols are being lifted soon after immersion & transferred to sites for disposal. In view of that, we direct the state to file an affidavit in course of day and in view of this, we allow this year as last chance, to use this lake for immersion."

While issuing the direction, the Bench clarified that it is not happy with the Government's action and use of Plaster of Paris should have been prohibited in the beginning itself.

"The discipline and cooperation of the people is also important. Is it possible when lakhs of people will come, to direct to go to this lake or that lake. They will come on their own. The Government should have taken care while allowing statues of such heights and use of PoP should have been prohibited in beginning itself. We are not happy with government action also. Now last minute, impossible things also we can't ask them to implement. We will ask them to file affidavit, subject to which we will allow them this year and next year they have to strictly implement all directions." CJI remarked.

During the hearing, Solicitor General Tushar Mehta appearing for the State of Telangana submitted that the High Court passed an order when celebrations are ongoing. The Court has said not to immerse POP idols in Hussain Sagar lake. He added that some lakhs being tall cannot be immersed in other lakes considering their depth.

CJI however stated that it is not a new phenomenon to Hyderabad and the problem occurs every year. Therefore, the Government should have taken steps.

SG Mehta assured that from next year the State will implement this order. This year to ensure there is no pollution, the idols will be immediately lifted by cranes and will be disposed of according to rules of waste management.

While appreciating the respondent's effort to bring the attention of these immersion problems to the Courts, CJI told SG Mehta "You are not aware a lot of money was spent for purification of the lake. Every year if you allow this immersion what is the point of that beautification or money spent. Its a waste of money. You should've taken steps. Last minute you're coming! What is happening?"

SG responded saying, "Therefore we have given an assurance on affidavit that henceforth we will effectively plan. We have found a solution to this direction which is causing a problem in midst of the celebration. There can be a symbolic immersion and idols immersed will immediately be taken out."

"Lakhs of people will participate, and thousands of immersions will take place. Let us allow this year. They are assuring they are immediately lifting without causing any pollution to the lake. We will ask them to file an affidavit." CJI said.

High Court's Order: A two-judge panel of the Telangana High Court comprising Acting Chief Justice M S Ramachandra Rao and Justice T Vinod Kumar on 9th September issued a series of guidelines in view of Ganesh Chaturthi celebrations across Hyderabad.

The Court issued directions in a contempt petition filed by Advocate Mamidi Venumadhav alleging willful disobedience of the order passed by a Division Bench directing to restrict the immersion of Ganesh and goddess Durga idols in Hussain Sagar Lake.

The Bench had directed the State Government to not allow Ganesh idols made of Plaster of Paris to be immersed in Hussain Sagar.

Therefore, the respondents were directed to permit immersion of POP Ganesh idols-

(i) in baby ponds already constructed by the GHMC or

(ii) separate areas/ponds which do not spread the water pollution into the main water body.

The Court had also suggested the respondents to explore the use of inflatable rubber dam wall as was used while carrying on dredging operations in the Hussain Sagar Lake earlier by encircling the area for immersion of idols as an alternative.

It was further directed that low height and environmentally friendly Ganesh idols must be used and the pandal organisers must resort to airing the celebrations at the pandals virtually as far as possible.

Greater Hyderabad Municipal Corporation (GHMC) has been directed to provide masks free of cost on the last day of the celebration.

The Pollution Control Board has also been directed to ensure that the guidelines are strictly implemented.

Lastly, the State Government has also been directed to issue appropriate orders much before the festivities began and ensure adequate publicity is given.

Case Title: Lokesh Kumar vs Mamidi Venumadhav & Ors

Click Here To Read/ Download Order