Mumbai: The state government took a decision to allow plaster of Paris (PoP) idols above 6 feet to be immersed in natural water bodies to “protect” big Ganesh mandals, PIL petitioners told the Bombay High Court on Friday.Justices Ajey Gadkari and Kamal Khata were hearing a public interest litigation by two activists and nine clay Ganpati idol makers to enforce Central Pollution Control Board’s May 2020 revised guidelines that banned manufacture, sale and immersion of PoP idols. They also challenged the state govt’s August 2025 guidelines/policy permitting idols above 6 feet to be immersed in natural water bodies such as rivers, lakes and seas.Senior advocate S M Gorwadkar, representing an association of PoP idol makers, said the Centre should take a decision as there is a conflict between CPCB’s 2020 guidelines and the state’s policy on immersion. Senior advocate Mihir Desai, for the PIL petitioners, argued that HC can pass orders in public interest for protection of the environment. He said even if there were no CPCB guidelines, HC could still pass directions. He pointed out that since 2008, the HC has been passing orders on pollution due to PoP idol immersion.Desai further said “everybody is proceeding” on the footing that the 2020 guidelines are binding, courts have upheld it and across the country the guidelines are being implemented. He then said the state government is “possibly under pressure…as there are various expectations especially by big mandals.” “They came to a conclusion that we have to protect big mandals and we are going to allow PoP idols,’’ he added.Desai stressed that CPCB’s guidelines supersede the state’s policy. “Since everybody says PoP causes pollution, therefore we have to treat them as binding. Right to Environment is part of Article 21 (Right to Life),” he said. The hearing will continue on Monday.
