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Chhath Puja at Girgaon Chowpatty: Bombay High Court refuses urgent permission citing constitutional boundaries. (Img: X)
Mumbai: The Bombay High Court has denied permission to organise Chhath Puja celebrations at Mumbai’s Girgaon Chowpatty on November 15 and 16, 2026, underlining constitutional limits on religious freedom.
Emphasising that religious freedom under Article 25 of the Constitution was subject to public order, morality and health, the court highlighted the need to comply with established regulatory safeguards governing public spaces.
The Vacation Bench of Justice Advait M Sethna and Justice Ranjitsinha Raja Bhonsale was hearing a petition filed by the Mithila Chhath Puja Sangh seeking permission to erect a temporary stage and make arrangements for the festival at Girgaon Chowpatty in South Mumbai.
The organisation had sought permission to conduct the religious ceremonies from 3 pm on November 15 until 8 am on November 16. The proposed arrangements were intended to facilitate the traditional Chhath Puja rituals, which involve offering prayers to the Sun God and performing religious observances near a water body.
While acknowledging the constitutional guarantee of freedom of conscience and the right to profess, practise and propagate religion, the bench emphasised that Article 25 does not confer an unrestricted or absolute right to conduct religious activities at any location.
The judges observed that the constitutional provision expressly subjects religious freedom to considerations of public order, morality and health. They underscored that the constitutional framework incorporates checks and balances that individuals, organisations and authorities are required to respect while exercising their respective rights.
The court consequently declined to issue immediate directions permitting the proposed celebrations at the beach.
The dispute originated after the DB Marg police station rejected the organisers’ application through a communication dated September 17, 2026. The police authorities cited earlier Bombay High Court directions governing the management and regulation of activities at Girgaon Chowpatty. Under the existing framework, a court-appointed High Power Monitoring Committee oversees events and activities at the popular public beach.
The permissions at the venue have historically been restricted to specified festivals and cultural programmes, including Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas celebrations.
Other events and programmes require the requisite approvals from the concerned government departments and authorities. The regulatory framework is intended to ensure that public gatherings, temporary installations and organised celebrations remain within the prescribed administrative and environmental safeguards.
Following the police rejection, the Mithila Chhath Puja Sangh submitted a representation to the Maharashtra Chief Minister on October 7, 2026, requesting the necessary approvals for the proposed religious event. However, the representation was reportedly still pending when the matter came before the High Court.
During the proceedings, the Maharashtra Government relied on earlier judicial directions, particularly the order dated June 21, 2018, passed in the matter of Adarsh Chowpatty Pragati Mandal and Others v. State of Maharashtra. The earlier proceedings had established specific restrictions governing the use of Girgaon Chowpatty for public celebrations and temporary structures.
Under the prescribed arrangements, activities at the beach must remain confined to a designated area measuring 300 x 150 square feet. The court-appointed Monitoring Committee has also been designated as an essential stakeholder in proceedings concerning permissions for events or the installation of temporary structures at the location.
The committee is required to be impleaded as a necessary party in legal proceedings seeking such permissions, ensuring that its observations and regulatory responsibilities are taken into consideration before judicial directions are issued.
When the vacation bench questioned the petitioner's counsel about compliance with these requirements, particularly whether the Monitoring Committee had granted permission and been included as a party to the proceedings, the court found the response unsatisfactory.
The bench took note of the petition's failure to adequately explain the non-impleadment of the committee and the absence of clarity regarding compliance with the established permission mechanism. These procedural and regulatory deficiencies became significant considerations in the court's decision not to grant immediate relief.
During the hearing, the petitioner's counsel also requested the court to direct the concerned authorities to identify and allocate an alternative location where the Chhath Puja rituals could be conducted.
However, the bench declined to issue any directions or express an opinion on the request for an alternative venue. The judges clarified that the petitioners remained at liberty to pursue whatever remedies were available to them under the law.
The court also declined to pass any immediate orders on the principal relief and directed that the matter be listed in due course after the reopening of the High Court following the Diwali vacation. Consequently, the petition seeking permission to construct a temporary stage and organise Chhath Puja at Girgaon Chowpatty did not receive interim judicial approval.
Reacting to the development, Shiv Sena leader Anand Dubey highlighted the religious and cultural significance of Chhath Puja, particularly for devotees belonging to the Mithila community and people from Bihar and eastern Uttar Pradesh residing in Mumbai.
He pointed out that Mumbai has relatively few rivers suitable for conducting the traditional water-based rituals associated with the festival, making the city's coastline and sea-facing locations particularly significant for devotees.
He explained that the Mithila Chhath Puja Sangh had approached the authorities seeking permission to organise the celebrations at Girgaon Chowpatty because of the city's geographical circumstances and the importance of performing the rituals near a water body.
Following the rejection by the DB Marg police station, the organisers had approached the High Court in search of judicial intervention. However, the court declined to grant immediate permission, citing the applicable legal and regulatory considerations.
Dubey maintained that the organisers respected the judicial process and the court's observations. He also indicated that if the proposed celebrations could not take place at Girgaon Chowpatty, the Sangh or the organising trust would explore the possibility of arranging an alternative venue. He emphasised that the objective remained to facilitate the traditional Chhath Puja celebrations while respecting the court's decision and the applicable legal framework.
