Allahabad High Court Dismisses PIL For Cleaning Hindon River To Facilitate Devotees In Performing Chhath Pooja

The bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava however left it open for the petitioner (Mahant Mukesh Goswami) to approach the competent authority for the redressal of his grievance.

Essentially, the petitioner had contended before the Court that the Chhath Pooja and the rituals relating to it are observed for over four days and include bathing, fasting and abstaining from drinking water, standing in water and offering prayer and 'Arghya' to the setting and rising sun and hence, it is necessary for the respondents to clean the river.

It was also admitted that the petitioner had filed the PIL plea with a delay and that he had also approached the District Magistrate for redressal of his grievance.

On the other hand, the counsel appearing for the State submitted that apart from delay in filing the writ petition, on merits also, the petitioner has no case and the devotees can still perform the 'Pooja' even without wading in the River Hindan instead by creating artificial water tubs or using alternate sites such as reservoirs, ponds etc.

In view of this, stressing that the relief as prayed for by the petitioner cannot be granted at this stage in the PIL plea and therefore, the same was dismissed leaving it open for the petitioner to approach the competent authority for the redressal of his grievance.

Case title - Mahant Mukesh Goswami Prachin Shani Dev Mandir Ganga Ghat vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 438 [PUBLIC INTEREST LITIGATION (PIL) No. - 2676 of 2023]

Case citation: 2023 LiveLaw (AB) 438