Mumbai: Ahead of the Maghi Ganesh celebration, the Bombay High Court on Thursday routed the BMC and various other public bodies in Maharashtra to make sure stringent conformity with the Central Pollution Control Board’s (CPCB) standards, which enforce a restriction on making use of idolizers constructed from Plaster of Paris (PoP) and their immersion in water bodies.
A bench of Chief Justice Alok Aradhe and Justice Bharati Dangre likewise examined idol producers on why they have actually proceeded making use of PoP to make idolizers in spite of repetitive court orders versus its usage.
The CPCB released changed standards on May 12, 2020, prohibiting the manufacture, sale, and immersion of idolizers constructed from PoP. It urged making use of all-natural, eco-friendly, and green basic materials for making idolizers.
The HC was listening to a PIL submitted by Thane- based Rohit Joshi and others, consisting of 9 clay-based and small idolizer artisans, looking for stringent application of the 2020 CPCB standards.
On August 30, the HC routed the BMC and all public bodies to “intimate” all Sarvajanik Ganesh Mandals that they need to “mandatorily” comply with the CPCB standards and, as necessary, not mount Ganesh idolizers constructed from PoP.
On Thursday, Joshi’s supporter, Ronita Bhattacharya, sent that the state would certainly be commemorating the Maghi Ganesh celebration on February 1 and 2. Despite the HC’s instructions as just recently as August 30, PoP Ganesh idolizers were still offered on the market. She said that the authorities need to make sure that PoP idolizers are neither made neither marketed neither engaged.
BMC advise Milind Sathe stressed that the public body has actually been taking actions to apply the CPCB’s changed standards.
The advise for the organization of idolizer manufacturers, S.M. Gorwadkar, mentioned to the court that if any kind of acting order were passed, its participants would certainly be denied of their source of income. “These guidelines do not have legal sanctity. Reasonable restrictions will not entail a complete ban. There is no valid statute restraining our activity,” Gorwadkar said.
However, the bench differed and said that PoP idolizers ought to not be marketed because the court orders. “As per the existing position, they should ensure that PoP idols are neither sold nor immersed. This is a recurring issue. What have you been doing? It (ban) has not come overnight. Tell us what right you have to make idols of POP?” the bench asked.
When Gorwadkar specified that because of particular conditions they have actually been making use of PoP, the court stated: “The legal position is against you. We cannot allow you to defy SC orders. Unless (the guidelines are) struck down, we cannot allow you to use POP.”
In a comprehensive order, the bench pointed out an earlier 2022 HC judgment that declined the appeal of idolizer manufacturers testing the CPCB standards because they broke their essential legal rights. The bench likewise described a Madras HC judgment that held no individual can make PoP idolizers, a judgment promoted by the Supreme Court in 2023.
“For the aforementioned reasons, we are inclined to grant an interim order. It is directed that respondent corporations shall ensure that clause 2 of the revised CPCB guidelines, which bans the making of PoP idols, shall be adhered to strictly in letter and spirit henceforth,” the bench stated.
The HC has actually set up the following hearing for March 20.