'Why Change Stance?' Bombay High Court Pulls Up CPCB For Calling Its Own PoP Idol Immersion Guidelines Advisory

The Bombay High Court on Monday (July 27) pulled up the Central Pollution Control Board (CPCB) for changing its stand on its own guidelines banning the immersion of Plaster of Paris (PoP) idols in natural water bodies by now claiming that they are merely 'advisory', despite having earlier defended their validity before the National Green Tribunal (NGT) and various High Courts.

A division bench of Justice Ajay Gadkari and Justice Kamal Khata noted that the CPCB had initially issued the guidelines in 2020, which were challenged before the NGT which upheld the validity of the said guidelines. This order was followed by the High Courts of Madras and Telangana in separate proceedings and also by the Bombay High Court, the judges noted. 

"Why did the CPCB change its stand post 2020 guidelines? Especially when the stand was same before the NGT, the High Courts at Madras and Telangana? Once NGT has upheld the validity of these guidelines, aren't they binding? Can you change your stance now?" Justice Gadkari questioned CPCB. 

However, CPCB counsel Abhinandan Vagyani told the judges that even though the validity of the guidelines were upheld by the High Courts at Madras, Telangana and even Bombay and also the NGT, yet the question of whether these guidelines are 'directory' or 'advisory' in nature, came up for consideration only in 2025, when a co-ordinate bench of then Chief Justice Alok Aradhe-led bench heard the instant proceedings. 

"A committee was formed by the State, which submitted its report to the CPCB, which then constituted an expert committee. The said expert committee then gave its report concluding that the guidelines are not mandatory or binding but advisory as the same are not issued under the provisions of either the Environment Protect Act or the Water (Prevention and Control of Pollution) Act. Thus, we have now stated that the guidelines are advisory, however, even the expert committee has clarified that PoP idols must not be immersed in natural water bodies," Vagyani submitted. 

However, the judges did not seem to be impressed with the submission as Justice Khata observed, "But still same guidelines? Can the CPCB keep changing its stance before different States or different High Courts? Once it is said that the order (of the NGT) has attained finality, can you change your stance? You create the guidelines and the same are accepted by the NGT and two HCs how can you now change your stance?"

When Vagyani attempted to again respond with the contention that the stance was changed post the findings of the expert committee, Justice Khata responded, "What expert committee? Do you have anything in writing stating that these guidelines are advisory? It can be clearly seen that once State told you to change your stance, you have changed it."

Vagyani, however, maintained that both the 2020 guidelines and the revised 2025 guidelines continued to prescribe a complete ban on immersion of PoP idols in natural water bodies. He submitted that the guidelines also require civic authorities to remove all materials from artificial ponds or tanks within 24 hours of immersion and ensure that the water from such tanks is sent to treatment plants before disposal.

The bench is likely to continue the hearing on Tuesday (July 28).

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