- (1.) Heard Sri Saurabh Basu, learned counsel for the applicant.
(2.) The applicant, who happens to be a doctor by profession has filed the present contempt application with a prayer to punish the opposite parties for willful disobedience of the order dated 26.9.2014 passed by this Court in Public Interest Litigation (PIL) No. 4003 of 2006 in Re: Ganga Pollution vs. State of U.P. and others with the allegation that without making any prior arrangement for proper immersion of the idols as directed by this Court, citizens of Varanasi city have been stopped from immersion of idols which resulted in breach of peace and tranquility.
(3.) It appears the State Government has filed a modification application seeking modification/relaxation of the restrain order which was imposed by the Division Bench of this Court vide orders dated 30.9.2013, 7.10.2013 and 13.10.2013 regarding immersion of idols in river Ganga, on the ground that the guidelines framed by the Central Pollution Control Board (in short CPCB) in 2010 could not be adhered to because of the peculiar topographical configuration of the city since all the ghats have been built up to the bank of the river and it is not physically possible to create an immersion pond close to the ghats whereas on the other side of the river has been declared to be a sanctuary as a result of which the Forest Department has stopped any excavation. It was stated in the application that rivers Ganga and Yamuna pass through 27 districts of the State and out of 27 districts in 26 districts proper arrangements for immersion of idols have been made as per guideline issued by the CPCB. This Court considering the submission made by the learned Advocate General who appeared for the State and the averments made in the modification application has relaxed the restrain order with respect of district Varanasi for the year 2014 with the specific understanding that proper arrangements for ensuing environmental complaint immersions are made well in advance before the festivals commence in 2015. The Court also observed that it is necessary for the district administration to embark upon a programme of generating awareness amongst the citizen in regard to the availability of environmental friendly alternative options which would in no manner infringe upon the performance of the religious rites and duties. The Court also observed that the district administration shall take all necessary precautions to protect and preserve peace and tranquility. This Court has also directed that on or before 30th November, 2014 the State shall file an affidavit setting out a detailed programme which it intends to put into place to spread awareness and to encourage voluntary compliance.;