In a recent judgment, the Calcutta High Court declined to recall its earlier order permitting the usage of a private property’s ghat for the celebration of Chhath Puja, a significant Hindu festival celebrated primarily in Bihar, Uttar Pradesh, and Jharkhand. The petition was filed by the owner of the property, who sought the recall of the order that allowed the local community to use the ghat (a riverfront platform) for the religious rituals. The court’s decision underscores the importance of balancing private property rights with the cultural and religious rights of the community.
Background of the Case
Chhath Puja is a festival dedicated to the Sun God and is celebrated by devotees who perform various rituals, including offerings at water bodies such as rivers, lakes, and ponds. In Kolkata, where the festival has gained popularity among the migrant communities from Bihar and Uttar Pradesh, many localities have traditionally held these rituals at ghats located along the riverbanks, often near private properties.
The dispute in this case arose when the owner of a property with a private ghat filed a petition seeking to prevent the use of their property’s ghat for Chhath Puja celebrations. The petitioner argued that allowing the public to use the ghat for such purposes could lead to disturbances and encroachment, and it could also affect the maintenance and privacy of the property. However, the local community and the organizers of the Chhath Puja sought permission to continue with the tradition, as the ghat had been used for the same purpose for many years.
The High Court’s Initial Order
In an earlier ruling, the Calcutta High Court had permitted the local community to use the private ghat for the celebration of Chhath Puja, citing the importance of the festival and the long-standing tradition of using that particular site for religious rituals. The court acknowledged the significance of the event for the local residents, especially for those from the community who observed the festival. The decision was based on a balancing of the rights of the community to practice their religion and the rights of the property owner to maintain their property.
The court’s order also took into consideration the principle of secularism and the need to accommodate religious practices in public spaces, especially in cities with a diverse population. The court’s initial ruling permitted the continued use of the ghat for the religious ceremony, provided that there were adequate measures to ensure that the celebration did not disrupt public order or cause inconvenience to the surrounding areas.
Owner’s Plea to Recall the Order
Dissatisfied with the court’s earlier decision, the property owner filed a plea seeking to recall the order allowing the community to use the ghat for the Chhath Puja celebrations. The petitioner argued that the use of the property for religious functions was leading to disturbances, including noise, crowding, and possible damage to the property. The owner contended that such events were not part of the original understanding regarding the use of the property’s ghat and were in violation of their rights as a private property owner.
The owner’s plea sought to emphasize the potential for harm to their property, claiming that public access could result in long-term damage to the private space, as well as disruptions to the owner’s peaceful enjoyment of the property. They also argued that the use of the ghat was being done without formal consent and that this could set a dangerous precedent for the future use of private property for public events.
Calcutta High Court’s Decision
In response to the property owner’s plea, the Calcutta High Court declined to recall its earlier order. The court upheld its decision to permit the usage of the ghat for the Chhath Puja, noting that the celebration was a longstanding tradition that was important to the local community. The court also observed that while the property owner had valid concerns about the maintenance and privacy of their property, the larger public interest and the religious rights of the community took precedence in this instance.
The court further emphasized the need to respect the religious practices of minority communities and to ensure that public spaces, including riverfronts, are available for such purposes, particularly when there is a historical or customary tradition of using them for community rituals. The court did, however, direct the local authorities to ensure that the celebrations were conducted in an orderly manner and that any disruptions to public order or property damage were minimized. This may include steps to regulate the crowd, ensure cleanliness, and mitigate noise levels during the festival.
Implications of the Court’s Ruling
The Calcutta High Court’s decision highlights a complex legal issue involving the balance between private property rights and public or community rights, especially in the context of religious celebrations. The ruling reinforces the idea that in a pluralistic society, public interest and the right to practice one’s religion can, in certain circumstances, outweigh the rights of private property owners, particularly when a long-standing community tradition is involved.
This decision also underscores the importance of religious freedom and the court’s role in ensuring that public celebrations, which form an integral part of social and cultural life, are protected from arbitrary interference. While private property owners have legitimate concerns regarding the use of their land, the court in this case found that the community’s right to continue its religious practices took precedence over the property owner’s concerns, especially when adequate safeguards could be put in place to prevent harm.
Conclusion
The Calcutta High Court’s ruling to permit the use of a private ghat for Chhath Puja celebrations, despite the objections of the property owner, is a significant judgment that reaffirms the importance of religious freedoms and community rights. By declining to recall its earlier order, the court ensured that the religious traditions of the local community were respected, while also directing measures to minimize any potential disruptions. This case serves as an important reminder of the delicate balance that must be maintained between individual property rights and the broader societal interest in preserving cultural and religious practices.
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