Case Note & Summary
This is a public interest litigation concerning manual scavenging, but the present order deals with interim directions regarding the use of the river bed of Chandrabhaga. The Court had earlier issued detailed interim orders on 3rd July 2014 and 24th December 2014. Based on recommendations of the National Environmental Engineering Research Institute (NEERI), the Court directed on 24th December 2014 that the river bed shall not be used for any activity including erection of temporary structures. Two Warkari organisations, Warkari Sahitya Parishad and Warkari Seva Sangh, sought modification of these directions, arguing that the river bed is traditionally used by Warkari pilgrims (devotees of Lord Vithoba) during their annual pilgrimage to Pandharpur. The Court considered the prayer and ordered that the matter be heard further. The order does not finally decide the modification but notes the occasion for reconsideration.
Headnote
A) Environmental Law - River Bed Protection - Interim Directions - Prohibition on use of river bed for any activity including temporary structures - Court reconsidered its earlier interim order dated 24th December 2014 based on NEERI recommendations - Held that the directions need modification to balance environmental concerns with religious practices of Warkari pilgrims (Paras 1-2).
Issue of Consideration
Whether the interim directions prohibiting use of river bed of Chandrabhaga for any activities, including temporary structures for Warkari pilgrims, should be modified in view of the religious and cultural practices of the Warkari community.
Final Decision
The Court noted the occasion for reconsidering some of the interim directions in view of the prayers made by Warkari organisations and ordered further hearing. No final modification was made in this order.
Law Points
- Environmental protection
- Public interest litigation
- Interim directions
- River bed use
- Religious gatherings
- Manual scavenging
