The Bombay High Court on Friday directed the Maharashtra government to inform all 'sarvajanik Ganesh mandals' to mandatorily follow guidelines imposing ban on use of plaster of Paris (PoP) for making idols that will be immersed in water.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said all mandals have to follow guidelines issued in May 2020 by Central Pollution Control Board (CPCB) imposing a ban on PoP idols.

In cases where the permissions to erect mandals have already been granted, an additional condition shall be "immediately" added that they shall not install idols made of PoP, the HC further directed.

The court was hearing a public interest litigation filed 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.

The bench noted the concerned stakeholders were not implementing the guidelines in letter and spirit and said it would be compelled to pass an order banning sale and use of PoP idols.

"You may have heard of the 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?" CJ Upadhyaya said.

The bench directed the commissioners of municipal corporations in the state to convene a meeting with the senior most officer of the police department for incorporating additional conditions on sarvajanik mandals in view of revised guidelines of the CPCB.

State Advocate General Birendra Saraf informed the bench that a circular has been issued by the environment department to all the district magistrates, CEOs of zilla parishads and chief officers of municipal councils in which these bodies have been directed to "scrupulously implement revised guidelines for idol immersion".

The court also 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.

The state, all municipal corporations and other respondents have been asked to file their reply affidavits. The HC has kept the matter for hearing on October 21.

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