Introduction:

The Calcutta High Court has permitted devotees to perform Chhath Puja at Sagardighi Ghat in Cooch Behar on November 15 and 16, 2026, despite environmental restrictions imposed by the National Green Tribunal (NGT) concerning the use of non-biodegradable materials and immersion activities at the water body. The Court granted the permission as a special exception, taking into consideration the approaching festival, the difficulties associated with shifting the religious celebrations to another location and an undertaking furnished by the petitioners to ensure that no pollution would be caused to the ghat.

Justice Krishna Rao passed the order after considering the competing concerns of religious observance and environmental protection. While recognising the importance of Chhath Puja for the devotees, the Court made it clear that the permission would remain subject to strict compliance with the NGT’s environmental directions. The petitioners were specifically directed not to use plastic or other non-biodegradable materials and to ensure that the premises were properly cleaned after the completion of the rituals.

The proceedings arose from a request made by devotees seeking permission to conduct Chhath Puja at Sagardighi Ghat, a water body situated in Cooch Behar. The proposed celebrations had become a matter of concern because the NGT had already imposed restrictions on activities at the ghat, particularly those involving the use of materials that could adversely affect the water body and its surrounding environment.

Chhath Puja is an important religious festival dedicated to the worship of the Sun God. Devotees traditionally observe fasting and offer prayers while standing in water bodies during sunset and sunrise. Since the rituals are closely associated with rivers, ponds and other water bodies, the cleanliness and accessibility of these locations assume considerable importance during the festival.

However, religious activities involving large gatherings can also create environmental challenges, particularly when plastic materials, decorative items, food waste and other non-biodegradable substances are left behind. Similarly, immersion-related activities may affect water quality and the surrounding ecological conditions. These concerns have increasingly led environmental authorities and courts to regulate religious celebrations conducted near lakes, rivers and other water bodies.

In the present matter, the NGT had issued directions restricting certain activities at Sagardighi Ghat in view of environmental concerns. The petitioners nevertheless approached the Calcutta High Court, seeking permission to conduct the festival at the same location rather than shifting the celebrations elsewhere.

The respondents suggested that the petitioners could consider an alternative venue for conducting the rituals. However, the petitioners opposed this proposal, explaining that shifting the celebrations would cause inconvenience to devotees, particularly because of the difficulties associated with travelling to another location.

The petitioners also assured the Court that they would strictly follow the NGT’s directions and take responsibility for maintaining cleanliness at the ghat. They undertook not to use non-biodegradable materials and to ensure that the area was cleaned after the religious ceremonies.

Considering that the festival was scheduled to take place on November 15 and there was very little time left for the authorities to make alternative arrangements, the Court decided to grant permission as a special case.

Importantly, the Court clarified that its decision should not be understood as diluting or overriding the environmental restrictions imposed by the NGT. Rather, the permission was granted on the specific assurance that the celebrations would take place without violating those restrictions.

The order also addressed a broader administrative concern. The Court noted that the petitioners had repeatedly approached it seeking permission to conduct Chhath Puja at the same location. It therefore directed the administration to make suitable arrangements for the festival at Sagardighi Ghat in the following year so that devotees would not be required to approach the judiciary repeatedly for permission to observe the religious occasion.

The case thus brought into focus the need to balance religious freedom, administrative responsibility and environmental protection, particularly when religious celebrations are organised at ecologically sensitive locations.

Arguments of the Parties:

The petitioners approached the Calcutta High Court seeking permission to conduct Chhath Puja at Sagardighi Ghat on November 15 and 16, 2026. Their request was primarily based on the religious significance of the location and the practical difficulties that would arise if devotees were required to shift the celebrations to another venue.

The petitioners submitted that Chhath Puja was scheduled to take place shortly and that considerable preparations were required to facilitate the participation of devotees. According to them, shifting the venue at such a late stage would create difficulties for people intending to participate in the rituals.

They opposed the suggestion that the religious ceremonies could be conducted at an alternative location. Their concern was that devotees would face inconvenience in travelling to another venue, particularly given the limited time available before the festival.

The petitioners also sought to address the environmental concerns underlying the NGT’s earlier directions. They assured the Court that they were willing to comply with the restrictions imposed by the Tribunal and would ensure that the religious celebrations did not cause pollution to Sagardighi Ghat.

A significant aspect of their submission was the undertaking that no non-biodegradable materials would be used during the celebrations. They further assured the Court that they would maintain cleanliness in the area and ensure that the ghat was properly cleaned after the completion of the rituals.

The petitioners’ position was therefore that the environmental restrictions could be respected without completely preventing devotees from performing their religious ceremonies at the traditional location.

They maintained that their request was not intended to seek an exemption from the environmental safeguards imposed by the NGT. Instead, they sought a limited permission for the two scheduled festival days, subject to compliance with the applicable restrictions.

The petitioners also relied upon the urgency of the situation. Since the festival was approaching, they requested the Court to pass an immediate order rather than leave the matter unresolved until the celebrations had already begun.

On the other hand, the respondents brought the environmental restrictions imposed by the NGT to the Court’s attention. The existing directions prohibited certain activities at Sagardighi Ghat because of concerns relating to pollution and the impact of such activities on the water body.

The respondents suggested that the petitioners could conduct Chhath Puja at an alternative venue instead of insisting on using Sagardighi Ghat. This suggestion was intended to address the environmental restrictions while allowing the devotees to continue with their religious observances at another location.

The respondents’ position reflected the need to ensure that the NGT’s directions were not disregarded merely because a religious festival was being organised. Environmental restrictions imposed to protect a water body must be respected, and activities that could undermine those safeguards could not be permitted without due consideration.

The petitioners, however, maintained that an alternative venue would not be a convenient arrangement for the devotees and that their undertaking provided sufficient assurance that the festival could be conducted without causing environmental damage.

The principal issue before the High Court was therefore whether limited permission could be granted for the performance of Chhath Puja at Sagardighi Ghat despite the existing NGT restrictions, particularly when the petitioners had undertaken to comply with the environmental safeguards and the festival was only a short time away.

Court’s Judgment:

Justice Krishna Rao of the Calcutta High Court considered the submissions advanced by the parties, the environmental restrictions imposed by the NGT and the undertaking furnished by the petitioners.

The Court recognised that the matter involved competing considerations. On one hand, the petitioners were seeking permission to conduct an important religious festival at a particular water body. On the other hand, the ghat was subject to environmental restrictions intended to prevent pollution and protect the water body.

The Court approached the matter by considering whether the religious celebrations could be permitted under conditions that would preserve the environmental safeguards already imposed by the NGT.

NGT restrictions could not be disregarded

At the outset, the Court took note of the earlier directions issued by the National Green Tribunal concerning activities at Sagardighi Ghat.

The restrictions had been imposed in view of environmental concerns, particularly regarding the use of non-biodegradable materials and immersion-related activities that could adversely affect the water body.

The Court did not question the environmental purpose behind those directions. It also did not hold that the religious significance of an event automatically entitled organisers to disregard restrictions imposed by an environmental adjudicatory body.

Instead, the Court considered whether the proposed celebrations could be conducted while ensuring compliance with the NGT’s directions.

This distinction was important because environmental protection and religious observance were not necessarily incompatible. The petitioners had offered to modify the manner in which the festival would be organised by avoiding prohibited materials and taking responsibility for maintaining cleanliness.

The Court therefore considered the undertaking while deciding whether a limited arrangement could be permitted.

The order reflects the principle that religious activities conducted at public water bodies must take environmental considerations into account. The right to observe religious practices cannot be treated as an unrestricted right to pollute public resources or damage ecologically sensitive locations.

At the same time, environmental restrictions should be implemented in a manner that allows lawful activities to continue wherever adequate safeguards can be maintained.

Undertaking to prevent pollution considered significant

One of the most important factors influencing the Court’s decision was the undertaking furnished by the petitioners.

The petitioners expressly assured the Court that they would comply with the NGT’s directions and ensure that no non-biodegradable materials were used during the festival.

They also undertook to maintain cleanliness at Sagardighi Ghat and ensure that the area was properly cleaned after the rituals.

The Court considered these assurances sufficient to grant limited permission, subject to strict compliance with the environmental conditions.

While passing the order, Justice Krishna Rao observed:

“This court finds that the petitioners have given an undertaking that they shall abide by the directions of the NGT to ensure that no non-biodegradable material will be used and that they will ensure the cleanliness. Given the shortage of time, as a special case, this court directs the respondent to make necessary arrangements to perform Chhath Puja on 15th November and 16th November at Sagardighi Ghat with proper compliance of NGT orders.”

The observation makes it clear that the Court’s permission was not unconditional. The undertaking was central to the relief granted, and the petitioners were expected to honour the assurances given before the Court.

The decision also highlights the importance of undertakings in proceedings involving public interest and environmental protection. When parties seek limited relief despite existing regulatory restrictions, their willingness to accept responsibility for compliance can become a relevant consideration.

However, such an undertaking does not eliminate the underlying statutory or regulatory obligations. The petitioners remained bound by the NGT’s directions and the specific conditions imposed by the High Court.

Specific restrictions on plastic materials and waste disposal

The High Court imposed additional safeguards to ensure that the festival did not result in pollution or deterioration of the surrounding environment.

The petitioners were specifically directed not to use any plastic material during the celebrations. They were also required to maintain cleanliness throughout the area and make proper arrangements for waste disposal.

These directions were particularly relevant because Chhath Puja involves the participation of devotees in and around water bodies. Religious offerings, food materials, decorative items and other waste can accumulate at such locations when adequate arrangements are not made.

The Court therefore emphasised that the responsibility of conducting the festival extended beyond performing the religious rituals. The organisers were also expected to ensure that the surrounding area remained clean and that waste generated during the celebrations was disposed of appropriately.

The direction prohibiting plastic materials was consistent with the broader objective of preventing non-biodegradable waste from entering the water body.

The Court’s approach was therefore based on permitting the religious activity while ensuring that the environmental safeguards remained effective.

It did not grant a general exemption from the NGT’s restrictions. Instead, it allowed the celebrations for two specified days subject to the conditions imposed in the order.

Shortage of time justified exceptional relief

Another important consideration before the Court was the limited time remaining before the festival.

Chhath Puja was scheduled for November 15 and 16, and the petitioners had approached the Court seeking immediate permission to conduct the rituals at Sagardighi Ghat.

The Court noted that there was insufficient time for the State administration to make further arrangements or organise an alternative venue for the devotees.

The respondents had suggested shifting the celebrations to another location. However, the petitioners had explained that such an arrangement would cause considerable inconvenience to the devotees.

Taking these circumstances into account, the Court decided to exercise its jurisdiction and grant permission as a special case.

The expression “as a special case” is significant because it indicates that the relief was granted in view of the particular circumstances surrounding the festival. The order should not be interpreted as establishing a general exception to environmental restrictions whenever religious celebrations are involved.

The Court’s decision was limited to the specific dates and location mentioned in the petition. It was also dependent upon the petitioners’ undertaking to comply with the NGT’s directions.

The judgment thus reflects a practical approach to judicial decision-making, where the Court considered the urgency of the situation without compromising the environmental safeguards governing the water body.

Balancing religious observance with environmental responsibility

The case also raises an important question concerning the relationship between religious freedom and environmental protection.

Article 25 of the Constitution of India guarantees freedom of conscience and the right freely to profess, practise and propagate religion, subject to public order, morality, health and the other provisions of Part III.

The constitutional protection of religious freedom is significant, but it does not operate independently of public health and other legitimate regulatory concerns.

Similarly, Article 48A directs the State to endeavour to protect and improve the environment and safeguard the forests and wildlife of the country. Article 51A(g) places a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

These constitutional provisions demonstrate that environmental protection is not merely an administrative responsibility but also a broader constitutional commitment.

In the present case, the High Court’s approach reflected an attempt to accommodate the religious practices of devotees while ensuring that environmental concerns were not ignored.

The Court did not rely upon any specific precedent in the available case summary, nor did it lay down a new constitutional test governing religious festivals at environmentally regulated locations. Its decision was based on the particular circumstances, the urgency of the festival and the undertaking furnished by the petitioners.

Nevertheless, the order reinforces the broader principle that religious observances and environmental responsibility should be approached in a manner that allows both concerns to receive appropriate consideration.

Administration directed to make arrangements for next year’s festival

Apart from granting permission for the immediate celebrations, the High Court addressed the recurring nature of the dispute.

The Court noted that the petitioners had repeatedly approached it seeking permission to conduct Chhath Puja at Sagardighi Ghat.

The Bench considered it undesirable that devotees should have to initiate fresh judicial proceedings every year merely to obtain permission for conducting the festival at the same location.

Accordingly, the Court directed the administration to make necessary arrangements for the performance of Chhath Puja at Sagardighi Ghat in the following year.

This direction was intended to provide an administrative solution to a recurring problem and prevent repeated litigation over the same issue.

The direction also places responsibility on the authorities to plan in advance. Instead of waiting until the festival is approaching and devotees are compelled to seek urgent judicial intervention, the administration is expected to consider the necessary arrangements beforehand.

Such arrangements would need to remain consistent with the environmental restrictions applicable to the water body. The Court’s direction cannot be understood as permitting the administration or organisers to disregard the NGT’s directions in future years.

Rather, it seeks to ensure that religious celebrations can be organised through appropriate planning and coordination while preserving environmental standards.

Final directions of the Court

After considering the submissions and the undertaking furnished by the petitioners, the Calcutta High Court permitted Chhath Puja to be performed at Sagardighi Ghat on November 15 and 16, 2026.

The permission was granted as a special case, considering the limited time remaining before the festival and the petitioners’ assurance that the NGT’s directions would be followed.

The Court directed the respondents to make the necessary arrangements for the celebrations at the specified location. It also imposed clear environmental conditions requiring the petitioners to refrain from using plastic materials, maintain cleanliness and ensure proper disposal of waste.

The Court further clarified that the order was being passed because the festival was scheduled to take place on November 15 and there was insufficient time for the State to make alternative arrangements.

Finally, recognising that the petitioners ad repeatedly approached the Court for permission in previous instances, the Bench directed