Overview

• A division bench of Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe declined permission to immerse eco-friendly Ganesh idols at Banganga Talao and other natural water bodies.
• The court affirmed the Maharashtra Pollution Control Board’s August 26 guidelines directing idols under six feet to artificial ponds, calling them bona fide and in the public interest.
• Citing the fundamental right to clean air and water, the bench held that individual hardship cannot override broader community and environmental concerns.
• The state noted Banganga is a protected monument and the archaeology department has granted no immersion permissions, and the Advocate General argued there is no absolute right to use that site.
• Petitioner Sanjay Shirke contended the July 24 High Court order applied only to Plaster of Paris idols, but the court found his plea lacked foundational facts and declined to issue notice.