Rohit Manohar Joshi & Ors. Vs State of Maharashtra & Ors. (Bombay High Court)
The Bombay High Court considered Public Interest Litigation No. 96 of 2024 along with several writ petitions challenging or relating to the Revised Guidelines dated 12 May 2020 issued by the Central Pollution Control Board (CPCB). The PIL sought implementation of the Revised Guidelines, alleging that the idol industry continued to manufacture and immerse idols made of Plaster of Paris (PoP) in violation of the CPCB guidelines. In the connected writ petitions, the petitioners challenged the validity of Clause 2.0 of the Revised Guidelines. The petitioners argued that the guidelines were framed without considering the benefits of PoP, violated principles of natural justice, and were not legally enforceable. It was further contended that Clause 2.0 arbitrarily restricted the petitioners’ fundamental right to carry on trade or business.
Read SC Judgment in this case: SC Disposes SLP as Challenge to CPCB Idol Guidelines Is Pending Before Bombay HC
The Court noted that earlier litigation had addressed similar issues. In 2003, a PIL was filed before the High Court seeking a ban on immersion of idols and other materials in natural water bodies. In 2008, the Court directed the Central Government to consider evolving national guidelines for idol immersion to prevent pollution. Pursuant to these directions, the Maharashtra Pollution Control Board (MPCB) constituted a committee in 2009 and later issued guidelines in 2010 regulating idol immersion. These guidelines were revised by the CPCB on 12 May 2020.
