Mumbai, July 27, 2026: The Bombay High Court on Monday asked the Maharashtra government to clarify whether it would follow Prime Minister Narendra Modi's recent appeal to devotees to install eco-friendly clay idols during this year's Ganesh festival while hearing a batch of petitions over the use and immersion of Plaster of Paris (PoP) idols.
Court Seeks State's Stand
A bench of Justices Ajey Gadkari and Kamal Khata was hearing petitions concerning the implementation of the Central Pollution Control Board's (CPCB) 2020 revised guidelines, which prohibit the immersion of PoP idols in natural water bodies.
The matters include a public interest litigation filed by environmentalist Rohit Joshi seeking strict enforcement of the guidelines, as well as petitions by PoP idol manufacturers challenging them.
Referring to the Prime Minister's Mann Ki Baat address aired on Sunday, in which he urged citizens to use eco-friendly clay idols, the bench asked the state, "What is the State's response?"
The judges referred to a Marathi newspaper report carrying the Prime Minister's remarks and showed it to Advocate General Milind Sathe, seeking the government's stand. Sathe requested time to respond. The matter has been posted for further hearing on Wednesday.
CPCB's Change In Position Questioned
During the hearing, the court also questioned the CPCB over its change in position regarding the nature of the 2020 guidelines.
Counsel for the CPCB, Abhinandan Vagyani, submitted that while the guidelines had been upheld by the Bombay High Court and the National Green Tribunal (NGT), they were only advisory in nature.
The bench, however, pointed out that both the High Court and the NGT had previously proceeded on the understanding that the guidelines were mandatory. "How do you now say they are advisory, not mandatory?" Justice Gadkari asked.
The judges further questioned why the CPCB altered its stand only in 2025, and not before that.
Vagyani replied that the change was based on the Maharashtra government's request and the recommendation of a committee.
This prompted the bench to remark: "Because the State government told you, you changed your stand?"
PoP Guidelines Under Challenge
Last year, after the CPCB clarified that its guidelines were advisory, the High Court, relying on the Maharashtra government's immersion policy dated August 1, 2025, permitted the immersion of PoP idols taller than six feet in natural water bodies.
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The petitions by PoP idol manufacturers contend that the restrictions violate their fundamental right to carry on business, while the PIL seeks strict enforcement of the CPCB guidelines to prevent pollution of rivers, lakes and the sea. The hearing will continue on Wednesday.
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