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16. From extracted portion indicated above, it is explicit that the Principal Secretary of Forest and Environment Department assumed the Authority to issue such direction as per Section 5 of the Environment (Protection) Act, 1986. May be, it has been so assumed because of the guidelines issued under Section 5 of the Environment (Protection) Act, 1986 by the Central Pollution Control Board (CPCB) (Respondent No. 6) vide communication dated 18.06.2010. It is necessary to examine whether the Principal Secretary of Forest and Environment Department, State of Gujarat, has the power to issue directions under section 5 of the Environment (Protection) Act, 1986.

17. Mr. P.N. Kutti, Learned Counsel for the Applicants would submit that there is no power available to the Principal Secretary of the Forest and Environment Department, State of Gujarat to prohibit manufacturing of PoP idols. He invited our attention to section 2 (b) of the Environment (Protection) Act, 1986 as well as section 5 (1) of the Environment (Protection) Rules, 1986. On the other hand, learned Counsel Mr. S. Panda appearing for the Respondents No. 1 to 5 contended that mere wrong quoting of section 5 of the Environment (Protection) Act, 1986 does not invalidate the impugned notification. He would submit that the Forest and Environment Department of the State of Gujarat has ample power derived from the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (for short, "Water Act"). He further argued that the impugned communication is based upon the guidelines issued by the Central Government, and, therefore, it is part of the same environmental action plan. He contended that the impugned communication, in any way, cannot be derogatory to the letters and spirit of the Environment (Protection) Act, 1986.

19. Before we proceed to examine the rival contentions, of the parties, we deem it proper to refer to the preambles of the two Acts, namely, the Environment (Protection) Act, 1986 and Water Act, 1974.

(1) Preamble of the Environment (Protection) Act, 1986 (29 of 1986) is as follows:
"An Act to provide for the protection and improvement of environment and for matters connected therewith.
Whereas decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment;

26. All said and done, the Forest and Environment Department of State Government cannot issue such directions under section 5 Environment (Protection) Act, 1986. Though, it may be required to follow such directions issued by the Central Government. It need not be reiterated that the notification dated 18.06.2010 issued by the CPCB is only in the form of guidelines. The Forest and Environment Department of Gujarat had no power to place embargo on use of PoP for making of idols under section 5 of the Environment (Protection) Act, 1986. In our opinion, the impugned communication dated 23.01.2012 is not simply an exercise done by mis-quoting of section 5 of the Environment (Protection) Act.