MPCB Cannot Impose Territorial Curbs On Authorised Hazardous Waste Facility Through Circulars; Violates Article 19(1)(g): Bombay High Court

The Bombay High Court has held that the Maharashtra Pollution Control Board (MPCB) has no authority under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, to impose territorial restrictions on the business operations of an authorised pre-processing facility. The Court held that the amended circular dated 15 February 2024 and the consequential insertion of Clause 19 in the Consent to Operate (CTO) illegally curtailed the petitioner's right to carry on trade and business throughout the State, thereby violating Article 19(1)(g) of the Constitution.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad was hearing a writ petition filed by the petitioner, who had been granted consent to establish and operate a pre-processing facility, permitting it to pre-process up to 2,75,000 metric tonnes of hazardous waste annually, sourced from industries across Maharashtra. An amendment was brought in the concerned circular, and the petitioner was prohibited from collecting hazardous waste from industries located in large industrial zones, which were reserved exclusively for facilities operated by Respondent No.4. The petitioner contended that this restriction reduced its operational area to a negligible portion of the State and destroyed the viability of its business.The Court observed that the amended circular was not clarificatory in nature but amounted to an impermissible exercise of power intended to enforce contractual obligations arising from the Tripartite Agreement at the cost of statutory rights of third parties. It observed:“The Amended Circular dated 15th February 2024 has no sanctity in law and cannot be enforced qua the petitioner-company to curtail its rights to receive the hazardous wastes and other wastes for pre-processing/co-processing from the industries located in the State of Maharashtra. The impugned Circular is illegal, arbitrary and discriminatory and infringes the right of the petitioner-company under Article 19(1)(g) of the Constitution of India.”The Court examined the scheme of the Hazardous and Other Wastes Rules, 2016 and held that while the Rules impose duties on occupiers and empower the State Pollution Control Board to monitor compliance, they do not authorise the Board to restrict the geographical area of operation of an authorised facility. The Court remarked that the State Board cannot, through executive circulars, override or subvert the statutory framework. “The MPCB is to act within the four corners of the Rules. The field for issuing any Circular, guidelines, etc., is occupied by the Central Government and the MPCB has no jurisdiction to issue a Circular contrary to the provisions under the Rules and to impede the free movement of trade and business,” the Court observed. Accordingly, the High Court quashed the amended circular dated 15 February 2024 and Clause 19 of the CTO dated 12 June 2025, holding them to be illegal, without jurisdiction and violative of Article 19(1)(g) of the Constitution. Case Title: Green Gene Enviro Protection and Infrastructure Limited v. State of Maharashtra & Ors. [WRIT PETITION NO.2885 OF 2025]Click Here To Read/Download Order

MPCB Cannot Impose Territorial Curbs On Authorised Hazardous Waste Facility Through Circulars; Violates Article 19(1)(g): Bombay High Court

Saksham Vaishya

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