The Bombay High Court, while hearing a batch of petitions concerning the restrictions on Plaster of Paris (PoP) Ganesh idols and their immersion in natural water bodies, asked the Maharashtra Government to reconsider its policy. The Division Bench of Chief Justice Alok Aradhe and Justice Sandeep Marne directed the State to examine whether idols up to 7 or 8 feet could also be immersed in artificial ponds. In a key observation, the Court expressed concern over the environmental consequences of allowing over 7,000 idols to be immersed in natural water bodies.
The matter pertains to challenges against the use and immersion of PoP Ganesh idols in natural water bodies, citing their environmental impact. The petitioners had sought a comprehensive policy to regulate such immersion practices to ensure minimal ecological damage during the annual Ganesh festival.
In response, the Maharashtra Government filed a new policy before the Court outlining regulations for idol immersion. According to the policy, idols measuring up to 5 feet would mandatorily be immersed in artificial tanks, whereas larger idols—numbering approximately 7,000—would be permitted for immersion in natural water bodies. The State also undertook to remove these larger idols from the water bodies by the following morning to mitigate environmental harm.
Appearing for the State, Advocate General Dr. Birendra Saraf submitted that while idols up to 5 feet will be mandatorily immersed in artificial ponds, the infrastructure constraints make it difficult to accommodate idols above this height in the same facilities. He explained that idols made of PoP are not readily soluble and thus, the local authorities would be tasked with extracting the idols from natural water sources the next day to reduce long-term pollution.
The AG further informed the Court that approximately 1.96 lakh idols fall within the up-to-5-feet category and would be subject to the artificial immersion rule. He also disclosed that around 3,869 idols were between 5 and 10 feet, and over 3,900 idols exceeded 10 feet in height.
The Bench expressed strong reservations about the policy, emphasizing that the immersion of more than 7,000 large-sized idols in natural water bodies could pose a serious environmental threat.
Chief Justice Aradhe remarked, "7,000 is a huge number, Mr. AG. Such a large number of idols going into natural water bodies can cause environmental hazard. Why can't you immerse idols till 10 feet in artificial tanks?"
The Court stressed that its principal concern was environmental sustainability and directed the State to evaluate whether idols up to 7 or 8 feet could also be accommodated in artificial tanks. The judges noted that while space constraints were a valid logistical concern, environmental impact should be the guiding principle for decision-making in such matters.
Taking into account the submissions, the Bench adjourned the matter till Thursday and directed the State to clearly state its position on whether idols measuring up to 7 or 8 feet could be permitted in artificial tanks for the upcoming Ganesh festival. The Court clarified that it would pass interim orders specifically for the present year's Ganeshotsav celebrations and continue to hear the matter for final adjudication thereafter.
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