Legal provisions involved: Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; Article 19(1)(g) of the Constitution of India; principles of natural justice.

Judgement by: Bombay High Court

Judge/Bench: Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad

Facts

Green Gene Enviro Protection and Infrastructure Ltd. challenged an amended circular issued by the Maharashtra Pollution Control Board (MPCB). Based on this circular, a new condition (Clause 19) was added to the company’s Consent to Operate, which sharply limited the areas from where it could receive hazardous waste for pre-processing. This restriction made the company’s operations almost unworkable.

Key legal provisions

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016;

Article 19(1)(g) of the Constitution of India

Principles of natural justice.

Issues raised

Whether MPCB had the power to issue such a circular and whether it could restrict the petitioner’s business rights through a non-statutory guideline?

Arguments of the case

The petitioner argued that the circular was issued without a hearing, violated natural justice, and unfairly restricted its right to do business. MPCB argued that it had the authority under the Rules and relied on an old Tripartite Agreement.

Judgement

The Court held that MPCB had no power to issue the amended circular. It was illegal, arbitrary, and violated the petitioner’s right to carry on business under Article 19(1)(g). The circular was set aside and the petition was allowed.

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