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HC : No fundamental right to immerse eco-friendly ganpati!

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The Bombay High Court has rejected a petition by Malabar Hill residents seeking permission to immerse eco-friendly Ganpati idols in Banganga Talao, reaffirming the public’s constitutional right to clean water and air as paramount. The petitioners argued that such immersions had historically been allowed and that the Maharashtra Pollution Control Board (MPCB) had misread a previous court order targeting only PoP idols. However, the court held that citizens cannot claim a fundamental right to immerse idols at protected monuments like Banganga Talao.

The court upheld MPCB's August 26 guidelines prohibiting immersion even of eco-friendly idols in natural water bodies, reinforcing that environmental preservation and monument protection justify such restrictions. No data was presented by petitioners to substantiate long-standing public practice. The decision underscores judicial emphasis on sustainable practices, public health, and heritage conservation placing ecological and civic well-being above ritual custom.

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