The Bombay High Court said on Thursday that: "Beaches are an essential part of the environment, and if a beach is polluted, it will violate fundamental rights under Article 21 of the Constitution of India, which mentions the right to live in a pollution-free environment." The HC observed this while restraining any public functions or rallies other than those approved to be held at the Girgaum Chowpatty.
A division bench of Justice Abhay Oka and Justice PN Deshmukh said: "There are very few open spaces in this city for a common man to breathe fresh air. Moreover, it (Chowpatty) is a major tourist attraction. Article 51 (A) (G) makes it every citizen's duty to protect the beach. It cannot be damaged by holding functions and rallies."
The state government held the 'Make In India Week', a two-day event, at the Chowpatty, in 2016, after being granted an ad-interim relief by the Supreme Court. A major fire had broken out during the event. As per the committee, three functions are permitted annually at the beach — Ram Leela, Krishna Leela, and Christmas.
The court made these observations while hearing a plea filed by a High Court-appointed committee, which drew attention to soil eroding at the northern side of the beach. The report stated that soil near the Walkeshwar Road bend has eroded. The water almost lashes on the road, raising concerns of sand erosion in other parts of the beach.
The bench has directed the City Collectorate to remove all illegal structures and encroachment, including a kabutarkhana at the Chowpatty, within a month.
GO GREEN
- The state government had held ‘Make In India Week’, a two-day event, at the Chowpatty, in 2016.
- Three functions are permitted annually at the beach — Ram Leela, Krishna Leela, and Christmas.
- The soil near the Walkeshwar Road bend has eroded. The water almost lashes on the road.
