Bombay HC Orders Maharashtra Govt To Mandatorily Enforce CPCB Guidelines On PoP Idols For All Sarvajanik Ganesh Mandals

Mumbai: The Bombay High Court has directed the Maharashtra government to “intimate” all Sarvajanik Ganesh Mandala that they have to “mandatorily” follow guidelines issued by Central Pollution Control Board (CPCB) of May 2020 which imposes ban on use of Plaster of Paris (PoP) for making religious idols to be immersed in water. The court further said in cases where the permissions have already been granted, an additional condition shall be “immediately” added that mandals shall not install idols made of PoP.

The directions were issued by the high court while hearing a PIL by Thane-based Rohit Joshi and others, including nine clay-based and small-scale craftsmen of idols, seeking strict implementation of the 2020 CPCB guidelines.

Initially, the court had warned that it would impose a ban on use of PoP idols as the CPCB guidelines have been in force since 2020 and the stakeholders were not implementing the same in “letter and spirit”. “We are banning the sale and use of such idols. We are compelled to pass such an order. You may have heard of saying — Extraordinary situations call for extraordinary order.

These guidelines have been in place since 2020. What can be a more urgent and exigent situation than a degrading environment?” the CJ has asked.

However, advocate NR Bubna for Thane Municipal Corporation told the bench that the same should be avoided as it would mean that the “court is stopping the festival”. He suggested that proper implementation can be done from next year onwards.

The bench of Chief Justice DK Upadhyaya and Justice Amit Borkar has directed the commissioners of municipal corporations in the state to convene a meeting with the Senior most officer of Police department for incorporating additional conditions on Sarvajanik Mandals in view of revised guidelines of CPCB.

State Advocate General Birendra Saraf informed the bench that a circular has been issued by the environment department addressing all the district magistrates, CEOs of zilla parishads and chief officers of municipal councils, wherein these bodies were directed that they “shall scrupulously implement revised guidelines for idol immersion”.

While asking all concerned to abide by this circular issued by the state, the bench said: “We hope and expect instructions issued and directions given by the state shall be implemented by all concerned.”

The judges relied on an order issued by the Nagpur bench recently wherein the state was directed to clearly intimate the mandals that PoP idols cannot be installed and the violation of the CPCB guidelines “would entail not only initiation of prosecution but also imposition of penalties-fine”.

The court impressed upon the state to take a policy decision on implementing the guidelines. “Take some policy decision. Something needs to be done which will act as a deterrent,” the bench said.

Petitiners’ advocate Ronita Bhattacharya highlighted that the Maharashtra Pollution Control Board and the Ministry of Environment and Forest and Climate Change have issued notifications recently asking the authorities to implement the CPCB guidelines. However, they too are not being implemented.

BMC counsel Milind Sathe justified the delay stating that the festival was celebrated on a large scale in the state and a large number of stakeholders were dependent on it including the idol makers. Hence, the corporation has decided to implement it in a phased manner. He said large mandals – like Lalbaug cha Raja of Mumbai and Dagduseth Ganpati in Pune – too would have to be taken in confidence before implementing the guidelines. He emphasised that they have distributed 611 tonnes of idols made from white clay (shaadu) and are promoting the same.

The bench was, however, not convinced and remarked that the authorities cannot take that defence since the guidelines were issued four years back. The HC has allowed intervention applications by PoP idol makers seeking to defer the implementation of guidelines for this year contending that they start manufacturing idols from June and several idols were made and sold.

The State, all Municipal Corporations and bodies and other respondents have been asked to file their reply affidavits in four weeks. Petitioners have been asked to rejoinder affidavit in two weeks thereafter. The HC has kept the matter for hearing on October 21.

The CEO of Aarey Milk Colony made a statement before the court that this year too they shall not permit immersion of Ganesh idols inside the natural lakes. The BMC had last year set up an artificial pond for the purpose.

The statement was made during the hearing in a PIL by NGO Vanashakti seeking preservation of natural lakes inside Aarey as the entire area is classified as an eco-sensitive zone.