---------------------------------------------------------------------- Documented by Goa Desc Documentation Service & circulated by Goa Civic & Consumer Action Network (GOA CAN)<[EMAIL PROTECTED]> Ph:2252660 ---------------------------------------------------------------------- ---------------------------------------------------------------------- HC favours ban on plaster of Paris Ganesh idols, Rules immersion of only clay idols in Carambolim lake ---------------------------------------------------------------------- The Panjim Bench of the Bombay High Court has suggested to the government to consider imposing a ban on sale of idols of Lord Ganesh made of Plaster of Paris on environmental grounds.
This observation has been made in the order passed by the division bench of the Bombay High Court comprising Mr Justice Ferdinho Rebello and Mr Justice P V Hardas on Carambolim lake.While issuing directions to the government authorities for rejuvenating the lake as a major bird site, the court asked the Conservator of Forest "to take steps to bring to the notice of the village panchayat that the idols to be immersed should be of clay and not made of plaster of Paris".
"There will be a total ban on immersing Ganesh idols made of plaster of paris'', the Division Bench ordered. It has however, clarified that the tradition of immersion is not to be interfered with. The court further said that considering this direction, "the State government may consider banning the sale of Ganesh idols made of Plaster of Paris elsewhere in the State also."
The court has given given detailed instructions to the government, Konkan Railway Corporation and the Tenants' Association of Carambolim to ensure the protection of the Carambolim lake as a bird site.
It may be recalled that a Herald report on the badly maintained Carambolim lake was taken suo moto by the Panjim Bench of the Bombay High Court and instructions issued for protecting and preserving it as a major bird site. Thanks for the court intervention that the famous lake is being saved from decaying.
The Double Bench has issued a volley of instructions to protect this lake right from the construction of a galvanized wire mesh on the railway embankment to prevent waste flowing into the lake to immersion only of clay idols into the lake. According to an affidavit filed by the Konkan Railway Corporation, there is a fencing of one metre height by the lake side to prevent cattle crossing the tracks, which is at a distance of 45 metres away from the High Level platform. The Court has directed that this fencing be replaced by a galvanized chain mesh in consultation with the Conservator of Forests within three months.
The Court also directed the Konkan Railway Corporation to keep 40 metres of their land between the KRC boundary and the lake as a "no development zone".
The Division Bench has directed that the plantation of acacia on the lake side is to be replaced by low indigenous species in consultation with the conservator of Forests, also within three months. In view of the environmental need, this work of removal or felling of trees can be carried out without requiring permission from the Tree Authority or any authority, observed the court.
The KRC has been directed to provide a check dam upstream and provide a wire mesh fencing near the culvert to ensure that fresh Salvinia weeds do not enter the lake and also to prevent garbage and dry waste from going into the lake from the site of the Konkan railway platforms.
This work has to be done in consultation with the Conservator of Forests, within three months.The State government has been directed to prepare a plan for the reinforcement of the embankment to prevent leakage of water and provide new sluice gates, the project report of which has to be prepared within three months and the work completed latest by May 31, 2004.
These directions are in view of the fact that the embankment has developed cracks at various places resulting in water flowing out of the lake, while the sluice gates, which are looked after by the Tenants' Association are primitive in character.
The court has directed the Tenants' Association to submit to the Conservator of Forests the schedule for the release of water for the vaingon crop and until such time the sluice gates are not replaced, this work has to be done by the Tenants' Association in consultation with the Conservator of Forests.
After the sluice gates are replaced, the release of water would be done by the Conservator of Forests in co-ordination with the Tenants' Association who are to submit their schedule for release of water to the Conservator of Forests. In addition, after the harvesting of the vaingon crop, the Tenants' Association has been directed not to open the sluice gate for release of water and any such action will be taken only after seeking the approval of the Conservator of Forests.
The Tenants' Association has been directed not to exercise the right of fishing,
considering that the bund is being looked after by the government and that
modern sluice gates are being constructed.
The State government has been directed to take steps to ensure removal of encroachment of the land of the Communidade, and to submit a compliance report in this regard to the Court.
The Chief Secretary has been directed to issue notice to the Village Panchayat to take steps to prevent dumping of debris and waste along the lake and to remove existing debris and to issue necessary directions to the Village Panchayat in this matter.
The Court has directed the state government to sanction construction of Sulabh type toilets for the locals in the first instance, to those who are bordering the lake site as far as possible in consultation with the local panchayat in order to keep the surroundings clean.
An area of 25 metres from the high water mark around the lake is to be treated as a "no development zone", including 'no conversion zone", where no food stalls will be permitted. This area will be relaxed to not less than 100 feet in places where there are houses already existing.
In this connection, the Conservator of Forests has been directed to approach the Directorate of Land survey to prepare a plan of structures existing to control future development within six months.
The court however, gave the government liberty to construct watch towers etc, for bird watching considering the point of eco tourism. Parking for visitors had been directed to be at a distance of 50 metres from the lake, so that pollution and nuisance due to cars is not caused, and the entire lake area including 25 metres of "no development zone" is to be treated as a plastic free zone.A compliance report in all these directions has to be filed within three months, directed the court.
The court has also directed that the Conservator of Forests in consultation with other departments is to submit a detailed proposal to the court in three months regarding six other lakes which are used as substitute sites by migratory birds when the Carambolim lake is submerged in Salvinia weed. These lakes are the Pilar lake, Verna lake, Rumder, Calapur Tollem, Raiache Tollem and Curtorim lake.
The amicus curiae Norma Alvares has sought that these wetlands also be brought under the supervision of the Conservator of Forests, that suitable buffer zones be created around these areas, the areas be fenced and planted with suitable species of trees for bird nesting and construction of sulabh toilets where necessary.
It has also been suggested that there should be a prohibition of discharge of sewerage, restaurant activity, boating facilities, fishing and that the area be declared as a "plastic free zone".
The High court has specified that all the activities in respect of the Carambolim
lake are to be co-ordinated by the Conservator of Forests and that the
directions issued are to be abided by.
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HERALD 14/8/03 page 1
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