Immersion Of Giant PoP Ganesha Idols Like Lalbaugcha Raja In Natural Water Bodies Must Stop, Bombay High Court Told

The Plaster of Paris (PoP) made Ganesha idols of above 6 feet like that of the popular 'Lalbaugcha Raja' should not be permitted to be immersed in any natural water body, the Bombay High Court was told on Wednesday (July 15) as it commenced hearing the final arguments in a Public Interest Litigation (PIL) seeking effective implementation of the Central Pollution Control Board (CPCB) guidelines against immersion of PoP idols in natural water resources. 

For context, last year the Maharashtra Government had decided to permit idols above five feet to be immersed in natural water bodies and idols below the said height to be mandatorily immersed in artificial ponds.

Objecting to this, senior advocate Mihir Desai arguing on behalf of environmentalist Rohit Joshi told a division bench of Justice Ajay Gadkari and Justice Kamal Khata that their main prayer is to not permit any PoP idol— be it below or above six feet— to be immersed in any natural body as this 'arrangement' was permitted only for last year. 

"Our prayer is idols above 6 feet must not be immersed in natural bodies as their paint pollutes the water, the overall impact is tremendous pollution. Their (manufacturers) case is that who will buy idols from us? Since 2011 there are so many orders of various High Courts and even the Supreme Court has said don't immerse such idols in natural bodies... Now State says we will permit only idols above 6 feet in natural bodies and we are saying no, that cannot be done and should not be done. The purpose is not for hurting anyone's religious feelings. The issue here is of water pollution. You have Lal Baughcha Raja, its idols earlier were of clay but now they have 16 to 14 feet PoP idol which doesn't dissolve in the water bodies easily..." Desai told the judges. 

Countering the contentions, senior advocate Sanjeev Gorwadkar and advocate Uday Warunjikar appearing for the idol manufacturers, highlighted the fact that the guidelines issued by the CPCB are not 'binding' but are 'advisory' in nature and thus they are not applicable on them. The counsel further said that the guidelines have nothing to do with the manufacture or sale of such idols but only concerns with immersion of idols. 

"CPCB guidelines are for immersion of idols and not for manufacturing of the same," Gorwardkar pointed out, to which the bench questioned if it was the artisan's insistence that PoP idols must be immersed in natural bodies.

"No we want it to be in artificial bodies. Even we want to save environment," the senior counsel responded. 

Upon being asked as to who will provide artificial ponds for huge idols, the senior advocate replied, "If the State and Local bodies direct us that such idols must be immersed in artificial ponds, we will abide by it. But providing such ponds is to be done by the State and the local bodies."

Weighing in Warunjikar told the judges that the CPCB is not 'competent' to issue guidelines controlling the manufacturing of idols.

"If CPCB doesn't have powers then who else has the powers?" Justice Gadkari sought to know from the manufacturers' counsel. 

At this, Gorwadkar responded saying restrictions, if any, can be brought through a law but in the instant case, the CPCB has issued mere guidelines and not a law.

"These guidelines are not law made by the legislature and thus they aren't applicable..." the senior counsel argued. 

Meanwhile, CPCB Counsel Abhinandan Vagyani informed the bench that an expert committee had given findings that immersion of such idols is adverse to environment and thus, the guidelines were issued. However, these guidelines, the counsel pointed out, were clarified in 2025, to be 'advisory' and not 'mandatory.'

"If you say your guidelines are advisory in nature then what is the legal position? What can be the correct legal position?" Justice Gadkari sought to know. 

Eventually, the matter was adjourned for further hearing on Thursday (July 16).

Case Title: Rohit Manohar Joshi vs State of Maharashtra (PIL/96/2024)