The main legal point established in the judgment is that the protection of the environment and the fundamental rights of the citizens, as enshrined in the Constitution of India, justified the prohibition on activities on the river bed, including religious ceremonies.

1. There are detailed interim orders issued by this Court at different stages. The main interim directions issued by this Court are contained in the orders dated 3rd July, 2014 and 24th December, 2014.

2. An occasion for reconsidering some of the interim directions arises in view of the prayer made by the learned senior counsel appearing for Warkari Sahitya Parishad, Maharashtra which is ordered to be impleaded as a party respondent under the order dated 13th June, 2014. Also there is an application being Civil Application No.50 of 2015 filed by another organisation of Warkari (Devotees of Lord Vithoba/Pilgrims who visit Pandharpur), namely, Warkari Seva Sangh. The main issue raised by both the organisations of Warkari is as regards the interim directions issued under the order dated 24th December, 2014 in relation to the use of river bed of the river Chandrabhaga for carrying on various activities. Based on the recommendations of the National Environmental Engineering Research Institute (NEERI), this Court issued directions on 24th December, 2014 directing that the river bed of Chandrabhagha shall not be used for any activity including for erection of temporary pendols, booths, shelters or for any other prohibited activity. Clause (v) of the operative part of the order dated 24th December, 2014 reads thus:

“(v) The Officers of the State shall ensure that river bed of river Chandrabhaga shall not be used for erection of any temporary pendols or any other construction or shelters or for any other prohibited activity. The State shall examine whether there are any illegal constructions erected on the river bed or by the side of the river bed as it is alleged that some construction made by ISKCON is illegal. If any such construction is found to be illegally constructed, the State or the Municipal Council, as the case may be, shall take necessary steps for the removal of the illegal structures. The Municipal Council shall ensure that barricades are erected at all important locations for preventing the entry of vehicles to the river bed. We direct the police authorities to render adequate police protection to the staff of the Pandharpur Municipal Council for the purposes of erecting barricades.”

(Emphasis added)

3. Before, we deal with submissions made in support of the prayer for modification of the first part of clause (v), we must note that learned Government Pleader assured the Court that necessary steps are being taken for identifying the illegal structures erected on the river bed or by the side of the river bed. He stated that the State Government is examining whether the construction made by ISKON is legal. He assured that the necessary action will be taken.

4. As far as the organisations of Warkari is concerned, in the order dated 24th December, 2014 this Court has extensively dealt with submissions made by the organisations of Warkari, which are applicants in Civil Application No.50 of 2014 and Civil Application No.192 of 2014.

5. Learned Senior Counsel representing Warkari Sahitya Parishad at the outset made it clear that said organisation reveres and respects the river Chandrabhagha and its members are not against the cleanliness of the dry river sand bed. He placed reliance on fundamental right to freedom of religion conferred by Article 25. He urged that there is a long standing custom and tradition which exists for 700 years and more of holding of Bhajans, Kirtans and Gajar on the river bed. He submitted that this practice is an essential part of the religion. He relied upon clause (f) Article 51A which postulates fundamental duties of the citizens as regards value and preservation of the rich heritage of our composite culture. He submitted that during Ashadi Ekadashi festival, there is no occasion to use the river bed as it is covered by the water. He submitted that during various other festivals, there is a tradition to use dry river sand bed for holding Kirtans, Bhajans, Gajar and Arti. He urged that this is a