Isabella Mariam

The High Court of Karnataka Division Bench of Chief Justice Vibhu Bakru and Justice C.M. Joshi held that the Government Order dated 10 September 2023, prohibiting the manufacture, sale, and immersion of Plaster of Paris idols painted with toxic chemicals, was already in force and required no further judicial intervention. The court directed that the notification be implemented “with all seriousness and to its full extent” and disposed of the writ petition accordingly. The Bench further recorded that an FIR had already been lodged against the concerned individuals alleged to be in violation of the order.

The petition was filed by the Karnataka State Pollution Control Board (KSPCB), represented through its Administrative Officer, seeking a writ of mandamus to compel State authorities to enforce the notification dated 15 September 2023. This notification, issued by the Urban Development Department of the State Government, followed earlier orders passed under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974.

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The petitioner argued that despite prohibitions, idol manufacturing units in Gudimavu Village, Kumbalagodu Hobli, Bangalore South Taluk, continued to produce and distribute idols made from Plaster of Paris (POP) coated with hazardous oil-based paints containing heavy metals. According to the petitioner, the immersion of such idols in water bodies caused irreversible ecological damage, violating the fundamental right to life under Article 21 of the Constitution of India.

It was submitted that inspections had identified illegal operations in the locality and that certain units had been sealed. However, the petitioner alleged that two individuals, later named as respondents, had clandestinely removed idols from the sealed premises and continued to flood the market with prohibited POP idols.

The petitioner referred to the earlier order dated 20 July 2016, which had banned the immersion and discharge of POP structures in water bodies, forming the foundation for subsequent Government notifications. The Government Order No. FEE 134 ENG 2023, dated 10 September 2023, was cited as the operative directive prohibiting POP idol manufacture, sale, and immersion statewide. The order further required cooperation from district administrations, local bodies, and police departments to enforce the ban.

The notification was issued under powers delegated by the Central Government under Section 5 of the Environment (Protection) Act, 1986, through Notification No. S.O.152(E) dated 10 February 1988. The prohibition was immediate and enforceable with penal provisions of the Act in case of non-compliance.

The petitioner sought judicial intervention to ensure compliance and requested directions to the Deputy Commissioner, Tahsildar, Project Development Officer, and Superintendent of Police to take strict enforcement measures.

On behalf of the State, the learned Additional Government Advocate, Ms. Niloufer Akbar, appeared and submitted that enforcement action had already been initiated. An FIR had been registered against the two respondents allegedly continuing with illegal POP idol manufacturing and distribution, and appropriate steps would follow under law.

The petition thus raised the grievance that although the notification was legally operative, practical enforcement was allegedly being circumvented by private actors. The State, however, maintained that the order was indeed under implementation through appropriate mechanisms, including police action.

The Division Bench recorded the scope of the petition and the relief sought. The court noted the petitioner’s prayer to direct respondent authorities to implement the notification dated 15 September 2023.

The Bench observed: “The petitioner has filed the present petition, inter alia praying as under: ‘Issue a Writ of Mandamus or any direction to Respondent Nos.2 to 5 to implement the Notification dated 15.09.2023 … and to consider and take appropriate action on the representation submitted by the Petitioner dated 15.07.2025 and 25.07.2025 in accordance with the notification.’”

The court recorded the contention of the petitioner that POP idols painted with oil-based paints contained toxic heavy metals and their immersion in water bodies violated Article 21 of the Constitution. It noted the reliance placed on inspections that identified ongoing illegal operations despite existing prohibitions.

The Bench further observed: “On a pointed query, whether it is the petitioner’s case that the State Authorities are not implementing the aforesaid notification dated 10.09.2023; the learned counsel fairly states that he is not in a position to make a statement that the State authorities are not implementing the directions as set out in the aforementioned notification.”

The Bench also recorded the submissions of the State: “Ms. Niloufer Akbar, learned AGA appearing for the State submits that an FIR has already been lodged against respondent nos. 6 and 7 and necessary action in accordance with law would be taken.”

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In conclusion, the Bench stated: “We do not consider it apposite to pass any order in this petition as the Government order has already been passed and the same requires to be implemented. Indisputably, the issue raised is a serious one and we expect that the State Authority shall implement the notification with all seriousness and to its full extent.”

The court ultimately disposed of the petition with a clear directive. The Bench stated that since the Government Order dated 10 September 2023 was already in effect, no fresh judicial mandate was required. It recorded the expectation that the State authority would ensure comprehensive implementation of the order.

The judgment stated: “We do not consider it apposite to pass any order in this petition as the Government order has already been passed and the same requires to be implemented.”

It further directed: “Indisputably, the issue raised is a serious one and we expect that the State Authority shall implement the notification with all seriousness and to its full extent.”

By this, the petition was formally disposed of.

Advocates Representing the Parties

For the Petitioners: Sri. Mahesh A. Chowdhary, Advocate

For the Respondents: Smt. Niloufer Akbar, Additional Government Advocate for R1, R2, R3 & R5

Case Title: The Karnataka State Pollution Control Board v. State of Karnataka & Others

Neutral Citation: 2025:KHC:31440-DB

Case Number: Writ Petition No. 24118 of 2025

Bench: Chief Justice Vibhu Bakru, Justice C.M. Joshi