BHASKAR GANESH DATAR Vs. THE COLLECTOR AND ORS.

JUDGEMENT

(1.) THE petitioner, who appears to be a resident of village Murud, Taluka Dapoli, District Ratnagiri has filed this PIL for inviting the attention to this Court to the alleged practice of immersion of Ganesh Idols and organic material like nirmalaya etc. in a lake situated within the premises of Durga Devi temple in the same village. The petitioner claims that he is vahivatdar and pujari of a temple of Durga Devi. He claims that his family is connected with the temple for a period of more than 50 years. A contention has been raised in the petition that the said lake is a source of drinking water for the villagers. It is contended that the area of the lake is only 600 sq. ft. It is stated that the seashore is at a distance of 300 meters from the said lake. It is contended that the earlier tradition was to discharge nirmalaya or organic material in the sea water. It is stated that earlier, only 4 to 5 idols were being immersed in the said lake and other idols used to be immersed in the sea. It is stated that now suddenly there is an increase in the numbers of Ganesh idols which are being immersed in the said lake. The contention is that the lake is a public property and a source of drinking water for the villagers. It is contended that the right to life under Article 21 includes right to clean, healthy and potable water. It is urged that the pollution of the lake by the discharge organic material like nirmalaya and immersion of idols be prevented by issuing necessary directions.

(2.) THE fourth respondent is the Durga Devi Devasthan Trust. More than one affidavit has been filed by the fourth respondent trust. It is pointed out by the said respondent that the petitioner has a personal interest in the property of the fourth respondent trust. In the first affidavit dated 11th August, 2003 the said contention has been raised. It is contended in the affidavit that the water in the lake is not being used for the purpose of drinking. There is a denial of the allegation that large number of idols are being immersed in the said lake. It is stated that Ganesh idols are made up of Shadoo (a kind of mud) and the same are not made up of Plaster of Paris and therefore, immersion of such idols does not cause pollution. It is contended that the petitioner has tried to raise the issues which do not exists. There is a rejoinder filed by the petitioner whereby the petitioner has denied that the lake is used only for washing hands and he reiterated that the lake water is being used for drinking purposes.

(3.) THE learned counsel appearing for the petitioner who appeared on an earlier date stated that he has not received any instructions. However, he has placed on record the compilation of guidelines issued for Immersion of Idols and certain orders of this Court as well as the Apex Court. The learned counsel appearing for the fourth respondent stated that she has not received any specific instructions. However, she invited our attention to the statements made in various affidavits.