Bombay HC refuses to pass orders on Chhath Puja at Girgaum Chowpatty

The Bombay High Court has refused to give any direction on a petition asking for permission to celebrate Chhath Puja at Girgaum Chowpatty in south Mumbai on November 15 and 16, 2026. A Division Bench of Justice Ranjitsinha Raje Bhonsale and Justice Advait M. Sethna passed the order on November 9.

The petition was moved by the Mithila Chhath Puja Sangh against the State of Maharashtra. The Sangh went to court after the D.B. Marg police declined to let it put up a stage and make other arrangements for the festival on the beach.

In a letter to the organisers dated September 17, 2026, the police relied on earlier orders of the High Court. They said a high-level committee had been set up for Girgaum Chowpatty on the strength of those orders. According to the police, only a fixed set of events is to be allowed on this beach: Ganeshotsav, Navratri festivities, Ramlila, Krishnaleela and Christmas. Any other event needs prior permission from the departments concerned.

The organisers also wrote to Chief Minister Devendra Fadnavis on October 7, seeking his permission for the event. The court was told that this request has not yet been decided.

Lawyers for the State pointed to the High Court's 2018 order in the Adarsh Chowpatty Pragati Mandal case. That order set conditions for holding events at Girgaum Chowpatty, and some activities were confined to a fixed area measuring 300 ft x 150 ft. It also made plain that the monitoring committee appointed by the court must be brought into the process whenever permission is sought for any activity, temporary structure or basic facility on the beach. The committee is a necessary party to such proceedings.

The Bench asked the Sangh's lawyers whether these earlier directions had been complied with. In particular, it wanted to know if the monitoring committee's permission had been obtained and if the committee had been made a party to the case. The lawyers did not give a concrete answer.

The judges also referred to Article 25 of the Constitution, which gives every citizen freedom of conscience and the right to profess, practise and propagate religion. They made it clear that this right is not absolute and remains subject to public order, morality and health.

Given these points, the High Court chose not to issue any direction on allowing Chhath Puja at Girgaum Chowpatty. With the festival days away, the organisers have no court order in their favour, and their request to the Chief Minister is still pending.