Purvanchal Nav Nirman Sansthan v. Govt of NCT of Delhi

O R D E R %

06.11.2024

¶1Present public interest petition has been filed seeking directions to the Respondent No. 3 – the Municipal Corporation of Delhi and Respondent No. 4 – the Sub Divisional Magistrate (East), Shastri Nagar, to allow the public to perform Chhath Puja at Geeta Colony ghat on the Yamuna riverbed, subject to compliance with reasonable guidelines for environmental preservation and public safety. This is a digitally signed order. 2. Learned counsel for GNCTD, who appears on advance notice, states that Yamuna is highly polluted at this juncture and if the devotees are allowed to perform Chhath Puja on the Yamuna River Bank, they are likely to fall sick. He also states that the GNCTD has earmarked one thousand different spots in Delhi for performance of Chhath Puja. He contends that sufficient arrangements have already been made for performance of Chhath Puja by the residents of Delhi.

¶3Recently, this Court in Shabnam Burney vs. Union of India, W.P.(C) 8035/2024 had taken judicial notice of the fact that pollution in river Yamuna is at all-time high. In the said order, the Court had referred to a report in a daily newspaper dated 07th October, 2024, which in turn was based on a report prepared by the Delhi Pollution Control Committee where it was recorded that the fecal coliform levels were 1,1959 times the permissible limit, 9,800 times the desired limit where the river exits the city. In the said article, it was pointed out that the fecal level was at an all-time high in September, 2024 and one of the main reasons for the same is untreated sewage flowing from unauthorised colonies into river Yamuna.

¶4Keeping in view the aforesaid facts as well as the fact that the Chhath Puja festival commences from tomorrow, this Court is of the view that no orders are called for in the present writ petition.

¶5Accordingly, the same is dismissed. MANMOHAN, CJ TUSHAR RAO GEDELA, J NOVEMBER 6, 2024/bh This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15472/2024 & CM APPL. 64942/2024, CM APPL. 64943/2024 PURVANCHAL NAV NIRMAN SANSTHAN .....Petitioner Through: Mr. Pranav Kumar, Mr. Suryakant Vyas and Mr. Lakshay Jain, Advs. versus GOVT OF NCT OF DELHI .....Respondent Through: Mr. Santosh Kr. Tripathi, (SC, GNCTD), Mr. Tushar Sannu, Mr. Sahaj Karan Singh, Mr. Kartik and Mr. Rishabh, Advocates for R-1, 2, 4/GNCTD. Mr. Apoorv Kurup, Mr. Gurjas Singh Narula, Mr. Amit Acharya, Advocates for R-5 & R-6 with Mr. A. K. Saini, Sub-Inspector, Delhi Police. SI Arvind Kumar Saini, PS Geeta Colony. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA