CORAM : SHREE CHANDRASHEKHAR, ACJ. & AARTI A. SATHE, J.

DATE : 4TH SEPTEMBER 2025.

Per, Shree Chandrashekhar, ACJ.

Aggrieved by the guidelines issued by the Maharashtra Pollution Control Board (in short, MPCB) on 26th August 2025 prohibiting immersion of eco-friendly idols in the natural water bodies, particularly, at Banganga Talao, the petitioner has filed this writ petition under Article 226 of the Constitution of India.

2. The petitioner has made manifold prayers in this writ petition, such as, (a) issue a Writ of Certiorari quashing and setting aside the SOP dated 26th August 2025 issued by the BMC (respondent no.-1) and letter/communication dated 26th August 2025 issued by the MPCB (respondent no.-3) insofar as they restrict immersion of eco-friendly idols in natural water bodies; (b) issue a Writ of Mandamus directing the respondents to allow immersion of eco-friendly idols in Banganga Talao and other natural water bodies in accordance with tradition, State Government guidelines and binding judicial orders; (c) issue directions restraining the respondents, their servants and agents including police personnel from interfering with the rights of devotees to immerse eco-friendly idols in Banganga; (d) pending the hearing and till final disposal of the present petition, this Hon'ble Court be pleased to stay the effect and operation of letter/communication and SOP dated 26th August 2025 issued by the respondent nos.-1 and 3 to the extent they restrict immersion of eco-friendly idols in natural water bodies; (e) initiate appropriate disciplinary proceedings against the respondent officials who misinterpreted the law and wrongfully obstructed devotees on

28th August 2025; (f) pending the hearing and final disposal of this petition, this Hon'ble Court be pleased to direct the respondent no.-4 not to take any coercive or penal steps against the petitioner; (g) grant the ad-interim reliefs in terms of prayers (d); (f) grant costs of this petition and (h) Pass such other order(s) as this Hon'ble Court may deem fit in the interest of justice.

3. The petitioner states that he is a resident of Malabar Hills in Mumbai and a devotee of Lord Ganesh. He further states that several devotees like him who are the residents of Walkeshwar and adjoining areas had been performing immersions of eco-friendly idols of Lord Ganesh at Banganga Talao in the past. However, by issuing guidelines dated 26th August 2025, the MPCB has put unreasonable restrictions on his fundamental rights guaranteed under Articles 14, 19(1), 25 and 26 of the Constitution of India. In that context, the petitioner refers to a decision in “Modern Dental College v. State of Madhya Pradesh” (2016) 7 SCC 353 whereunder the Hon’ble Supreme Court observed that the restrictions on exercise of the fundamental rights must be proportionate to the object sought to be achieved. The learned counsel for the petitioner refers to the order dated 24th July 2025 passed in Public Interest Litigation No.96 of 2024 titled “Rohit Manohar Joshi & Ors. v. State of Maharashtra & Ors.” and submits that the guidelines issued by this Court under paragraph no.7 have been misconstrued by the respondent–MPCB and by issuing the guidelines dated 26th August 2025 the Authority has overreached the order passed by this Court. The learned counsel for the petitioner would refer to the decision in “Union of India v. Kamlakshi Finance Corporation Ltd.” 1992 Supp (1) SCC 443 to put forth the submission that through an administrative order the respondent–Authority could not have issued the guidelines in

contravention to the order dated 24th July 2025. The submission made on behalf of the petitioner is that the guidelines under order dated 24th July 2025 were issued by this Court based on the report of two Expert Committees and as the discussions in the said order would indicate there was no debate before the Court as regards prohibition on immersion of eco-friendly idols in t