Narmada Mission Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1089810
CourtMadhya Pradesh High Court
Decided OnSep-18-2013
AppellantNarmada Mission
RespondentThe State of Madhya Pradesh
Excerpt:
w.p.no.5347 of 2013 (pil) 1 narmada mission vs the state of m.p. & others 18/09/2013 shri g.p. singh, advocate for the petitioner. shri p.k. kaurav, additional advocate general for the respondent nos. 1, 2, 4, 6, 7 & 8/state. shri vijay pandey, advocate for the respondent no.3. shri anshuman singh, advocate for the respondent no.5. the petitioner sought the following reliefs:- “(a) to direct the respondents and all other local authorities including municipal corporation, municipalities, zila panchayat, panchayats and m.p. pollution control board to take all possible measures to prevent the water pollution within the state during ganesh festival, durga festival etc. (b) to direct the respondents to comply the guidelines framed by central pollution control board (ministry of environment and forests) for idol immersion. (c) respondent no.1 may be directed to give directions to the idol makers to prepare the idol of lord ganapati and idol of goddess ma durga etc. in clay to paint them only in herbal colors. (d) to direct the respondent no.1 and 3 to submit a report regarding steps taken towards idol immersion as per guidelines of the central pollution control board, new delhi. (e) to grant another relief deemed fit and proper as per the facts and circumstances of the case.”. w.p.no.5347 of 2013 (pil) 2 2. the case of the petitioner is that during the festivals, in river narmada the public are immersing idols and other materials relating to religious rituals, it is causing serious pollution in river narmada. it is stated that to restrict the aforesaid pollution, directions may be issued against the respondents.3. shri p.k. kaurav, learned additional advocate general for the state submitted that the state has issued an order annexure r/1 dated 07th september, 2013, by which, all the pollutions, not only in river narmada but also in all the tributaries of river narmada and other water resources, have been restricted by the state government by issuing directions. it is stated that in view of the directions issued by the state government, annexure r/1, no further action is required.4. in reply to it, it is submitted by shri g.p. singh, learned counsel for the petitioner that on 05/04/2013, this court while entertaining this petition had specifically directed that the respondents shall not permit immersion of any idol made from plaster of paris or containing any toxic material by way of colours etc. in river narmada, but this clause has not been inserted in annexure r/1.5. in reply to it, shri p.k. kaurav, learned additional advocate general has submitted that all the immersion of the idols etc. have been banned in total by the state government, which includes immersion of idols made from plaster of paris or by use of toxic materials etc.6. to consider the contentions of the state, it would be appropriate to refer annexure r/1, which reads thus: w.p.no.5347 of 2013 (pil) 3 e/;izns'k 'kklu uxjh; iz'kklu ,oa fodkl fohkkx ea=ky; oyyhk hkou dzekad&3123@2147@18&2@2013 hkksiky]. fnukad 7 flrecj 2013 izfr]. 1 lelr dysdvj]. e/;izns'ka2lelr vk;qdr]. uxj ikfydk fuxe]. e/;izns'ka3lelr eq[; uxj ikfydk vf/kdkjh]. uxj ikfydk@uxj ifj"kn]. e/;izns'k a fo"k;%& ueznk unh o mldh lgk;d ufn;ksa rfkk vu; ty lkzksrksa ds fdukjs gksus okys ewfrz foltzu ,oa vu; iznw"k.k ds laca/k esaa ekuuh; mpp u;k;ky; }kjk ueznk]. lgk;d ufn;ksa rfkk ty lajpuk,a@lzksrksa ds fdukjs vk;ksftr gksus okys esyksa]. /kkfezd vk;kstuksa rfkk ewfrz foltzu ls gksus okys iznw"k.k dks jksdus ds fy;s oskkfud ,oa osdfyid mik; djus ds funsz'k fn;s x;s gasaa2 ufn;ksa ,oa tyk'k;ksa esa ewfrz foltzu ds folr`r fn'kk&funsz'k dsanzh; iznw"k.k fu;a=.k cksmz (ou ,oa i;kzoj.k ea=ky;]. ubz fnyyh) }kjk twu 2010 esa tkjh fd;s x;s gsaa mdr fn'kk&funsz'k ds izdk'k esa lfkkuh; vk;kstu lfefr;ksa ls leuo; lfkkfir dj oskkfud i)fr ls izfkd ls iks[kj fuekz.k dj ewfrz foltzu fd;k tkuk vko';d gsa mdr fn'kk&funsz'kksa ds vuqikyu ds vkns'k ekuuh; mpp u;k;ky; }kjk fn;s x;s gsasa3 lkfk&gh /kkfezd vk;kstuksa ds le; bksl vif'k"b]. hkkstu ,oa iwtk lkexzh ds foltzu dh lqo;oflfkr dk;z ;kstuk cukdj fdz;kfuor fd;k tkuk vko';d gsa bl dk;z esa tu lkeku; dks tkx:d djrs gq;s unh esa iznw"k.k lkefxz;ksa dks izokfgr gksus ls jksdk tkuk vfuok;z gsa w.p.no.5347 of 2013 (pil) 4 4& vr% mdr laca/k esa fueukuqlkj dk;zokgh djrs gq;s izr;sd vk;kstu ds i'pkr~ izfrosnu lapkyuky;]. uxjh; iz'kklu ,oa fodkl dks izsf"kr djuk lqfuf'pr djsa%& 1- ewfr;ksa ds foltzu gsrq i`fkd iks[kj dk fuekz.k dj foltzu fd;k tk,a2 vk;kstu ds iwoz ,df=r gksus okys mu leqnk; dh la[;k dk lahkkfor vkdyu dj mlls gksus okys dpjs]. xank ty ,oa ufn;ksa dks iznwf"kr djus okys dkj.kksa dk vkdyu dj dk;z ;kstuk rs;kj dh tk, rfkk ;kstuk ds ?.kvdksa dk fdz;kuo;u fudk; ds forrh; lalk/kuksa ls djk;k tk,a ,sls dk;z tks fudk; ds forrh; lalk/kuksa ls iw.kz gksuk lahko ugha gsa]. mugsa lapkyuky;@'kklu dks izsf"kr fd;k tk,a3 vk;kstu lfky ij bksl vif'k"b ds ladyu gsrq mlvfou j[ks tk;sa dpjs dk laxzg.k]. ifjogu ,oa fu"iknu dh leqfpr o;olfkk dh tk,a4 [kqys esa 'kksp dks izfrcaf/kr djus gsrq osdfyid mik; fd;s tk,aa5 lkoztfud 'kkspky;ksa]. ew=ky;ksa dh ejeer ,oa lkq&lqkbz dh tk,a6 lwpuk f'k{kk laeizs"k.k ds ek/;e ls tulkeku; dks unh esa iznw"k.k jksdus ds mik;ksa ls voxr djkus gsrq izpkj&izlkj laiw.kz vk;kstu vof/k esa fd;s tk,aa e/;izns'k ds jkt;iky ds uke ls rfkk vkns'kkuqlkj (ds-ds- dkfr;k) mi lfpo e/;izns'k 'kklu uxjh; iz'kklu ,oa fodkl fohkkx hkksiky]. fnukad 7 flrecj]. 2013 english translation of the aforesaid order as submitted by shri p.k. kaurav, learned additional advocate general is as under:- w.p.no.5347 of 2013 (pil) 5 “government of madhya pradesh department of urban administration & development, mantralaya, vallabh bhawan. no.3123/2147/18-2/13 bhopal dtd. 7th september, 2013 to, 1. all collectors, madhya pradesh.2. all commissioner, municipal corporation, madhya pradesh.3. all chief municipal officers, municipal council/nagar parishad, madhya pradesh. subject: regarding idol immersion and other pollution at the banks of river narmada and its tributaries and other water bodies. hon'ble high court has directed for making scientific and alternative arrangement for prevention of pollution due fairs, religious events and idol immersion at the banks of river narmada and its tributaries and other water bodies.2. central pollution control board (ministry of forest and environment, new delhi) have issued detailed guidelines in june, 2010 regarding immersion of idols in rivers and water bodies. in the light of aforesaid guidelines it is necessary that immersion of idols is to be done with scientific method in a separately constructed tank by making coordination with the local organising committees. hon'ble high court has directed for implementation of aforesaid guidelines. w.p.no.5347 of 2013 (pil) 6 3. simultaneously, it is necessary that at the time of religious events immersion of solid waste, food and pooja articles be done systematically by preparing and implementing a working plan. it is necessary that in this work by making the public in general aware the immersion of polluting articles be prevented.4. in this regard it be ensured that a report after every be sent to the directorate of urban administration and development by taking following steps:- (i) immersion of idols be done by constructing separate tank. (ii) estimation of number of public to be gathered be made prior to the occasion and working plan be prepared for estimation of garbage, waste water and the reasons for polluting the rivers generated therefrom and implementation of ingredients of plan be made from the financial sources of the local body. such works which can not be implemented through the financial sources of the local bodies the same be forwarded to the directorate /state government. (iii) on the spot of occasion for collection of solid waste “dust- bins”. be kept. appropriate arrangement for collection of garbage its transportation and disposal be made. (iv) alternative arrangements be made for preventing open defication. (v) public urinals and toilets be repaired and made cleaned. (vi) for preventing pollution to educating the public in general information through transmission and w.p.no.5347 of 2013 (pil) 7 broadcasting be widely circulated during the throughout the period of occasion.”. in the name and by the order of governor of madhya pradesh sd/- (k.k. katiya) dy. secretary, govt. of mp, department of urban administration and development”.7. an affidavit of shri sanjay kumar shukla, commissioner- cum-secretary, department of urban administration and development, m.p. has been filed, which reads thus:- affidavit i, sanjay kumar shukla s/o shri deo muni shukla, aged 44 years, commissioner / secretary, department of urban administration and development, mp, bhopal, do hereby solemnly affirm and state on oath as under:- 1- i state that in pursuance to the directions dated 29 /8 / 2 0 13 the state government on 7/9 / 2 0 13 issued directions to the following authorities:- (i) to all collectors, (ii) to all commissioners of municipal corporation; and (iii) to all chief municipal officers of municipal councils of mp. 2- i state that while issuing the aforesaid letter dated 7 /9 / 2 013 the following directions have been issued: (1) the central pollution control board, new delhi has issued detailed guidelines in june 2010 in respect of immersion of idols of deities in rivers and water bodies. it is necessary in the light of aforesaid w.p.no.5347 of 2013 (pil) 8 directions to immerse idols in a separately constructed tank by making coordination with local organising committees. hon'ble high court has directed for compliance of aforesaid guidelines. (2) simultaneously, it is necessary to implement a working plan for immersion of solid waste, food and pooja articles on the religious functions. for preventing immersion of polluting articles in the river it is necessary to make awareness in the public in general in this regard. (3) therefore, it is directed to ensure that by taking following action after every occasions a report to the directorate of urban administration and development be sent- (i) immersion of idols be done by constructing separate tank. (ii) estimation of number of public to be gathered be made prior to the occasion and working plan be prepared for estimation of garbage, waste water and the reasons for polluting the rivers generated therefrom and implementation of ingredients of plan be made from the financial sources of the local body. such works which can not be implemented through the financial sources of the local bodies the same be forwarded to the directorate /state government. (iii) on the spot of occasion for collection of solid waste “dust- bins”. be kept. appropriate arrangement for collection of garbage its transportation and disposal be made. w.p.no.5347 of 2013 (pil) 9 (iv) alternative arrangements be made for preventing open defication. (v) public urinals and toilets be repaired and made cleaned. (vi) for preventing pollution to educating the public in general information through transmission and broadcasting be widely circulated during the throughout the period of occasion. a copy of the letter dated 7 /9 / 2 013 is enclosed herewith and marked as annexure r/1 . 3- i, state that with a view to keep river narmada clean various schemes of the central government are in the process to start. however, the state government is also in the process with its on going schemes, which are as under: (1) cremation grounds (shmashan ghat) of the cities situated at the bank of narmada be constructed at the sufficient distance so that the activities thereof may not pollute the river. (2) the pollution control board has taken a decision to make plantation of 12 lakhs trees at the banks of narmada with the help of industries. forest department shall make plantation on its forest lands. (3) ancient temples situates at amarkantak shall be renovated in its original from. narmada valley development authority has been appointed as nodal agency for purification of water of narmada. w.p.no.5347 of 2013 (pil) 10 (4) treatment plant has been established for treatment of sewage water merging in to savitri and gayatri rivers which merge into river narmada in amarkantak. for rest of the town working plan for water treatment through soil bio technology is being prepared. (5) the complete plan of purification of narmada shall be prepared by narmada valley development authority. for this purpose 1 year's period is prescribed. (6) narmada conservation cell is being established in all the concerned municipal bodies and at the state level in urban administration department. (7) programs for awareness of public are being organised by way of public drive under the narmada conservation program for making the river narmada pollution free. (8) plantation surrounding the river is being done through public partnership for the purposes of environmental development. (9) action is being taken for prohibiting activities of tanneries, braveries, acid, slaughter houses and other industries etc. at the banks of narmada. (10) nigh hault rest house / dharmashala etc. are being constructed for devotees in the areas of circular track of narmada. (11) separate alternative arrangements are being made for immersion of idols of deities/tazia etc. after religious and social programs. w.p.no.5347 of 2013 (pil) 11 a copy of the narmada purification scheme is being filed herewith and marked as annexure r/2 . 4- hon'ble court may kindly be pleased to take aforesaid affidavit on record. from the perusal of affidavit, it is apparent that now all the measures have been taken by the state in this regard.8. as grievances of the petitioner in respect of immersion of idols made from plaster of paris or by use of toxic materials have been clarified by shri p.k. kaurav, learned additional advocate general in the aforesaid statement, we find that the grievances of the petitioner have already been redressed. all the authorities of the state government including all the local bodies shall duly comply with the order annexure r/1 dated 07th september, 2013 issued by the state government and the statements made in the affidavit, until and unless it is modified or some enactment is made in this regard by the state government or by the central government.9. with the aforesaid directions, this petition is finally disposed of with no order as to costs. certified copy as per rules. (krishn kumar lahoti) (subhash kakade) acting chief justice judge sj/-
Judgment:

W.P.No.5347 of 2013 (PIL) 1 Narmada Mission vs The State of M.P. & others 18/09/2013 Shri G.P. Singh, Advocate for the petitioner. Shri P.K. Kaurav, Additional Advocate General for the respondent Nos. 1, 2, 4, 6, 7 & 8/State. Shri Vijay Pandey, Advocate for the respondent No.3. Shri Anshuman Singh, Advocate for the respondent No.5. The petitioner sought the following reliefs:- “(a) to direct the respondents and all other local authorities including Municipal Corporation, Municipalities, Zila Panchayat, Panchayats and M.P. Pollution Control Board to take all possible measures to prevent the water pollution within the State during Ganesh festival, Durga Festival etc. (b) to direct the respondents to comply the guidelines framed by Central Pollution Control Board (Ministry of Environment and Forests) for Idol Immersion. (c) Respondent No.1 may be directed to give directions to the Idol makers to prepare the idol of Lord Ganapati and Idol of Goddess Ma Durga etc. in clay to paint them only in herbal colors. (d) to direct the respondent no.1 and 3 to submit a report regarding steps taken towards Idol Immersion as per guidelines of the Central Pollution Control Board, New Delhi. (e) to grant another relief deemed fit and proper as per the facts and circumstances of the case.”

. W.P.No.5347 of 2013 (PIL) 2 2. The case of the petitioner is that during the festivals, in River Narmada the public are immersing Idols and other materials relating to religious rituals, it is causing serious pollution in River Narmada. It is stated that to restrict the aforesaid pollution, directions may be issued against the respondents.

3. Shri P.K. Kaurav, learned Additional Advocate General for the State submitted that the State has issued an order Annexure R/1 dated 07th September, 2013, by which, all the pollutions, not only in River Narmada but also in all the tributaries of River Narmada and other water resources, have been restricted by the State Government by issuing directions. It is stated that in view of the directions issued by the State Government, Annexure R/1, no further action is required.

4. In reply to it, it is submitted by Shri G.P. Singh, learned counsel for the petitioner that on 05/04/2013, this Court while entertaining this petition had specifically directed that the respondents shall not permit immersion of any idol made from plaster of paris or containing any toxic material by way of colours etc. in River Narmada, but this clause has not been inserted in Annexure R/1.

5. In reply to it, Shri P.K. Kaurav, learned Additional Advocate General has submitted that all the immersion of the idols etc. have been banned in total by the State Government, which includes immersion of idols made from plaster of paris or by use of toxic materials etc.

6. To consider the contentions of the State, it would be appropriate to refer Annexure R/1, which reads thus: W.P.No.5347 of 2013 (PIL) 3 e/;izns'k 'kklu uxjh; iz'kklu ,oa fodkl foHkkx ea=ky; oYyHk Hkou dzekad&3123@2147@18&2@2013 Hkksiky]. fnukad 7 flrEcj 2013 izfr]. 1 leLr dysDVj]. e/;izns'kA2leLr vk;qDr]. uxj ikfydk fuxe]. e/;izns'kA3leLr eq[; uxj ikfydk vf/kdkjh]. uxj ikfydk@uxj ifj"kn]. e/;izns'k A fo"k;%& ueZnk unh o mldh lgk;d ufn;ksa rFkk vU; ty Lkzksrksa ds fdukjs gksus okys ewfrZ foltZu ,oa vU; iznw"k.k ds laca/k esaA ekuuh; mPp U;k;ky; }kjk ueZnk]. lgk;d ufn;ksa rFkk ty lajpuk,a@lzksrksa ds fdukjs vk;ksftr gksus okys esyksa]. /kkfeZd vk;kstuksa rFkk ewfrZ foltZu ls gksus okys iznw"k.k dks jksdus ds fy;s oSKkfud ,oa oSdfYid mik; djus ds funsZ'k fn;s x;s gaSaA2 ufn;ksa ,oa tyk'k;ksa esa ewfrZ foltZu ds foLr`r fn'kk&funsZ'k dsanzh; iznw"k.k fu;a=.k cksMZ (ou ,oa i;kZoj.k ea=ky;]. ubZ fnYyh) }kjk twu 2010 esa tkjh fd;s x;s gSaA mDr fn'kk&funsZ'k ds izdk'k esa LFkkuh; vk;kstu lfefr;ksa ls leUo; LFkkfir dj oSKkfud i)fr ls izFkd ls iks[kj fuekZ.k dj ewfrZ foltZu fd;k tkuk vko';d gSA mDr fn'kk&funsZ'kksa ds vuqikyu ds vkns'k ekuuh; mPp U;k;ky; }kjk fn;s x;s gSaSA3 lkFk&gh /kkfeZd vk;kstuksa ds le; Bksl vif'k"B]. Hkkstu ,oa iwtk lkexzh ds foltZu dh lqO;ofLFkr dk;Z ;kstuk cukdj fdz;kfUor fd;k tkuk vko';d gSA bl dk;Z esa tu lkekU; dks tkx:d djrs gq;s unh esa iznw"k.k lkefxz;ksa dks izokfgr gksus ls jksdk tkuk vfuok;Z gSA W.P.No.5347 of 2013 (PIL) 4 4& vr% mDr laca/k esa fuEukuqlkj dk;Zokgh djrs gq;s izR;sd vk;kstu ds i'pkr~ izfrosnu lapkyuky;]. uxjh; iz'kklu ,oa fodkl dks izsf"kr djuk lqfuf'pr djsa%& 1- ewfr;ksa ds foltZu gsrq i`Fkd iks[kj dk fuekZ.k dj foltZu fd;k tk,A2 vk;kstu ds iwoZ ,df=r gksus okys mu leqnk; dh la[;k dk laHkkfor vkdyu dj mlls gksus okys dpjs]. xank ty ,oa ufn;ksa dks iznwf"kr djus okys dkj.kksa dk vkdyu dj dk;Z ;kstuk rS;kj dh tk, rFkk ;kstuk ds ?.kVdksa dk fdz;kUo;u fudk; ds foRrh; lalk/kuksa ls djk;k tk,A ,sls dk;Z tks fudk; ds foRrh; lalk/kuksa ls iw.kZ gksuk laHko ugha gSa]. mUgsa lapkyuky;@'kklu dks izsf"kr fd;k tk,A3 vk;kstu LFky ij Bksl vif'k"B ds ladyu gsrq MLVfou j[ks tk;sA dpjs dk laxzg.k]. ifjogu ,oa fu"iknu dh leqfpr O;oLFkk dh tk,A4 [kqys esa 'kkSp dks izfrcaf/kr djus gsrq oSdfYid mik; fd;s tk,aA5 lkoZtfud 'kkSpky;ksa]. ew=ky;ksa dh ejEer ,oa lkQ&lQkbZ dh tk,A6 lwpuk f'k{kk laEizs"k.k ds ek/;e ls tulkekU; dks unh esa iznw"k.k jksdus ds mik;ksa ls voxr djkus gsrq izpkj&izlkj laiw.kZ vk;kstu vof/k esa fd;s tk,aA e/;izns'k ds jkT;iky ds uke ls rFkk vkns'kkuqlkj (ds-ds- dkfr;k) mi lfpo e/;izns'k 'kklu uxjh; iz'kklu ,oa fodkl foHkkx Hkksiky]. fnukad 7 flrEcj]. 2013 English translation of the aforesaid order as submitted by Shri P.K. Kaurav, learned Additional Advocate General is as under:- W.P.No.5347 of 2013 (PIL) 5 “GOVERNMENT OF MADHYA PRADESH DEPARTMENT OF URBAN ADMINISTRATION & DEVELOPMENT, MANTRALAYA, VALLABH BHAWAN. No.3123/2147/18-2/13 Bhopal dtd. 7th September, 2013 To, 1. All Collectors, Madhya Pradesh.

2. All Commissioner, Municipal Corporation, Madhya Pradesh.

3. All Chief Municipal Officers, Municipal Council/Nagar Parishad, Madhya Pradesh. Subject: Regarding idol immersion and other pollution at the banks of River Narmada and its tributaries and other water bodies. Hon'ble High Court has directed for making scientific and alternative arrangement for prevention of Pollution due fairs, religious events and idol immersion at the banks of River Narmada and its tributaries and other water bodies.

2. Central Pollution Control Board (Ministry of Forest and Environment, New Delhi) have issued detailed guidelines in June, 2010 regarding immersion of idols in rivers and water bodies. In the light of aforesaid guidelines it is necessary that immersion of idols is to be done with scientific method in a separately constructed tank by making coordination with the local organising committees. Hon'ble High Court has directed for implementation of aforesaid guidelines. W.P.No.5347 of 2013 (PIL) 6 3. Simultaneously, it is necessary that at the time of religious events immersion of solid waste, food and pooja articles be done systematically by preparing and implementing a working plan. It is necessary that in this work by making the public in general aware the immersion of polluting articles be prevented.

4. In this regard it be ensured that a report after every be sent to the Directorate of Urban Administration and Development by taking following steps:- (i) Immersion of idols be done by constructing separate tank. (ii) Estimation of number of public to be gathered be made prior to the occasion and working plan be prepared for estimation of garbage, waste water and the reasons for polluting the rivers generated therefrom and implementation of ingredients of plan be made from the financial sources of the local body. Such works which can not be implemented through the financial sources of the Local Bodies the same be forwarded to the Directorate /State Government. (iii) On the spot of occasion for collection of solid waste “Dust- bins”. be kept. Appropriate arrangement for collection of garbage its transportation and disposal be made. (iv) Alternative arrangements be made for preventing open defication. (v) Public urinals and toilets be repaired and made cleaned. (vi) For preventing pollution to educating the public in general information through transmission and W.P.No.5347 of 2013 (PIL) 7 broadcasting be widely circulated during the throughout the period of occasion.”

. IN THE NAME AND BY THE ORDER

OF GOVERNOR OF MADHYA PRADESH Sd/- (K.K. Katiya) Dy. Secretary, Govt. of MP, Department of Urban Administration and Development”.

7. An affidavit of Shri Sanjay Kumar Shukla, Commissioner- cum-Secretary, Department of Urban Administration and Development, M.P. has been filed, which reads thus:- AFFIDAVIT I, Sanjay Kumar Shukla S/o Shri Deo Muni Shukla, aged 44 years, Commissioner / Secretary, Department of Urban Administration and Development, MP, Bhopal, do hereby solemnly affirm and state on oath as under:- 1- I state that in pursuance to the directions dated 29 /8 / 2 0 13 the State Government on 7/9 / 2 0 13 issued directions to the following authorities:- (i) to All Collectors, (ii) to All Commissioners of Municipal Corporation; and (iii) to All Chief Municipal Officers of Municipal Councils of MP. 2- I state that while issuing the aforesaid letter dated 7 /9 / 2 013 the following directions have been issued: (1) The Central Pollution Control Board, New Delhi has issued detailed guidelines in June 2010 in respect of immersion of idols of deities in Rivers and Water Bodies. It is necessary in the light of aforesaid W.P.No.5347 of 2013 (PIL) 8 directions to immerse idols in a separately constructed tank by making coordination with local organising committees. Hon'ble High Court has directed for compliance of aforesaid guidelines. (2) Simultaneously, it is necessary to implement a working plan for immersion of solid waste, food and pooja articles on the religious functions. For preventing immersion of polluting articles in the river it is necessary to make awareness in the public in general in this regard. (3) Therefore, it is directed to ensure that by taking following action after every occasions a report to the Directorate of Urban Administration and Development be sent- (i) Immersion of idols be done by constructing separate tank. (ii) Estimation of number of public to be gathered be made prior to the occasion and working plan be prepared for estimation of garbage, waste water and the reasons for polluting the rivers generated therefrom and implementation of ingredients of plan be made from the financial sources of the local body. Such works which can not be implemented through the financial sources of the Local Bodies the same be forwarded to the Directorate /State Government. (iii) On the spot of occasion for collection of solid waste “Dust- bins”. be kept. Appropriate arrangement for collection of garbage its transportation and disposal be made. W.P.No.5347 of 2013 (PIL) 9 (iv) Alternative arrangements be made for preventing open defication. (v) Public urinals and toilets be repaired and made cleaned. (vi) For preventing pollution to educating the public in general information through transmission and broadcasting be widely circulated during the throughout the period of occasion. A copy of the letter dated 7 /9 / 2 013 is enclosed herewith and marked as Annexure R/1 . 3- I, State that with a view to keep River Narmada clean various schemes of the Central Government are in the process to start. However, the State Government is also in the process with its on going schemes, which are as under: (1) Cremation grounds (Shmashan Ghat) of the cities situated at the bank of Narmada be constructed at the sufficient distance so that the activities thereof may not pollute the river. (2) The Pollution Control Board has taken a decision to make plantation of 12 lakhs trees at the Banks of Narmada with the help of Industries. Forest Department shall make plantation on its forest lands. (3) Ancient temples situates at Amarkantak shall be renovated in its original from. Narmada Valley Development Authority has been appointed as nodal agency for purification of Water of Narmada. W.P.No.5347 of 2013 (PIL) 10 (4) Treatment Plant has been established for treatment of sewage water merging in to Savitri and Gayatri rivers which merge into River Narmada in Amarkantak. For rest of the town working plan for Water Treatment through Soil Bio Technology is being prepared. (5) The complete plan of purification of Narmada shall be prepared by Narmada Valley Development Authority. For this purpose 1 year's period is prescribed. (6) Narmada Conservation Cell is being established in all the concerned municipal bodies and at the State Level in Urban Administration department. (7) Programs for awareness of public are being organised by way of public drive under the Narmada Conservation Program for making the River Narmada Pollution free. (8) Plantation surrounding the river is being done through public partnership for the purposes of environmental development. (9) Action is being taken for prohibiting activities of tanneries, braveries, acid, slaughter houses and other industries etc. at the banks of Narmada. (10) Nigh Hault Rest house / Dharmashala etc. are being constructed for devotees in the areas of Circular track of Narmada. (11) Separate alternative arrangements are being made for immersion of idols of deities/Tazia etc. after religious and social programs. W.P.No.5347 of 2013 (PIL) 11 A copy of the Narmada Purification Scheme is being filed herewith and marked as Annexure R/2 . 4- Hon'ble Court may kindly be pleased to take aforesaid affidavit on record. From the perusal of affidavit, it is apparent that now all the measures have been taken by the State in this regard.

8. As grievances of the petitioner in respect of immersion of idols made from plaster of paris or by use of toxic materials have been clarified by Shri P.K. Kaurav, learned Additional Advocate General in the aforesaid statement, we find that the grievances of the petitioner have already been redressed. All the authorities of the State Government including all the local bodies shall duly comply with the order Annexure R/1 dated 07th September, 2013 issued by the State Government and the statements made in the affidavit, until and unless it is modified or some enactment is made in this regard by the State Government or by the Central Government.

9. With the aforesaid directions, this petition is finally disposed of with no order as to costs. Certified copy as per rules. (Krishn Kumar Lahoti) (Subhash Kakade) Acting Chief Justice Judge SJ/-