Acknowledging the need for a cleaner environment this festive season the Bombay High court bench of Chief Justice Devendra Upadhyaya and Justice Amit Borkar, ordered that Sarvajanik Ganesh mandals shall not install Ganesh idols made of plaster of Paris (POP). The Bombay High Court was hearing the Interim Applications filed In the Public Interest Litigations by Rohit Joshi and Akhil Sarvajanik Utsav Samiti, seeking implementation of eco-friendly practices during Ganapati festival. The urgency of the issue was impressed upon the court by the learned Senior Advocate for the petitioner Sanjeev Gorwadkar, in view of the ensuing Ganesh festival set to commence from 7^th September 2024. The order of 30th August 2024, came after the court heard a Public Interest Application (PIL) on the imperativeness to take on eco-friendly measures this festive season.     

 Facts of the instant case before the court came up by way of a PIL and an interim application moved by Akhil Sarvajanik Utsav samiti  which is a trust taking up social, cultural and religious causes of the community, and as disclosed in their interim application they have taken various initiatives focusing on eco-friendly practices during Ganesh festivals. The High Court bench observed that, “accordingly , in our opinion, the applicant may be of some assistance to the court keeping in view the concerns expressed in the PIL petition’’. Respondents of the case were the State of Maharashtra and Ganesh Murtikar Utkarsha Sanstha and others.     

 The Senior Advocate appearing for the petitioner in the PIL  urged that the revised guidelines for idol immersion issued by the Central Pollution Control Board (CPCB) on 12th May 2020 are not being adhered to and followed by all concerned in their true letter and spirit, hence directions may be issued that the said guidelines may be followed and acted upon. Special emphasis was laid by the Senior Advocate on a clause in the guidelines which contains certain directions for idol makers, craftsmen or artisans. It was stated in this regard that despite the said guidelines containing a ban on use of Plaster of Paris for making idols, its use continues unabated in Mumbai and rest of the State of Maharashtra. 

 Association of Idol manufacturers who had sought intervention in the instant PIL  submitted through their counsel that they have received orders for Ganpati idols from long ago, and putting a complete ban on Plaster of Paris will affect the livelihood of the artisans.

The High Court’s observations regarding their plea was  that, “ the very fact that the association of idol manufacturers has sought its intervention in this PIL petition reveals that so far as ban on making idols using Plaster of Paris is concerned, it has not been enforced in full measure. Various submissions have been made on behalf of learned counsel representing the parties and one of the concerns expressed at the Bar is that the idol manufacturers have received orders long ago and therefore, any direction putting a complete ban on using Plaster of Paris for making idols at this juncture would not be in the interest of artisans whose livelihood would be at stake.”  

The High Court bench further observed that, "We understand that permission to various Sarvajanik Mandals must have been granted by now, however, we direct that in terms of the order passed by this Court on 28th August 2024 by Nagpur Bench, the Sarvajanik Mandals seeking permission for Ganesh festival shall be clearly intimated that they have to mandatorily follow the guidelines and that they will have to abide at least by one condition of the guidelines that they will not install any Ganesh idol made of Plaster of Paris. In cases where permission has already been granted by the authority concerned, an additional condition shall be immediately communicated to them that Sarvajanik Mandals shall not install idols made of Plaster of Paris."

The High Court further observed that, “Such a plea, in our opinion, is not available either to the State or to the Municipal Corporations or even to the idol manufacturers or artisans for two reasons; firstly, the validity of the guidelines dated 12th May 2020 issued by the CPCB has been put to test in Courts, however, it has been upheld and the challenge did not succeed even before the Hon’ble Supreme Court and, secondly, the guidelines were promulgated as far back as on 12th May 2020, i.e. about more than four years ago. It has been stated that implementation of these guidelines was deferred for a period of one year, however, since last more than three years, guidelines are in place and though various steps have been taken by the Municipal Corporations as also the State Government, the use of Plastic of Paris in making idols has not stopped. At least three Government orders have been brought to our notice issued in the years 2023 and 2024 directing all concerned including the District Magistrates and all the urban local bodies to observe and enforce the ban of Plaster of Paris for making idols, however, in our opinion, sufficient measures have not been taken in the sense that non-adherence to the guidelines does not entail any deterrence such as imposition of fine etc.”

The court made a mention of the learned  Advocate General’s  statement calling attention to  two circulars/letters dated April 26, 2024, issued by the Principal Secretary, Environment and Climate Change Department of the State Government, which are addressed to all District Magistrates, Chief Executive Officers of all Zilla Parishads, Municipal Commissioners of all Municipal Corporations and Chief Executive Officers of all Municipal Councils, in which it has been directed that these bodies “shall scrupulously implement the Revised Guidelines for Idol Immersion issued by the Central Pollution Control Board dtd. 12/5/2020”.

The High Court concluding on a note of optimism stated that, “We hope and expect that the instructions issued and directions given by the State Government in the aforesaid letters/circulars dated 26th April 2024 shall be implemented by all concerned." 

Advocate for the Petitioner: Senior Advocate S.M. Gorwadkar, Advocates Ronita Bhattacharya, Sejal Khan, Satish Muley, Mosin Naik, Satyajeet Joshi, Chinmay Joshi, and V.N. Bolinjkar.

Advocate for the Respondent: Advocate General Birendra Saraf, Senior Advocates S.K. Mishra, Milind Sathe, GP P.P. Kakade, Addl. GP O.A. Chandurkar, AGP G.R. Raghuwanshi, Advocates Jaya Bagwe, R.Y. Sirsikar, N.R. Bubna, Pooja Joshi Deshpande, Sandeep D. Shinde, A.S. Rao, Rakesh Bhatkar, Sarang S. Aradhye, Gauri Velankar, Saarth Chordia, Shantanu Gurav, M.L. Patil, Abhijit Adagule, Abhinandan Yagnik, C.M. Lokesh, Maruresh Lagu, and Sagar Patil.

Case details: Rohit Manohar Joshi & Ors. v. The State of Maharashtra & Ors. PIL No. 96 of 2024.

Order Copy