In a significant ruling with wide implications for Maharashtra’s hazardous waste management sector, the Bombay High Court has struck down a key circular issued by the Maharashtra Pollution Control Board (MPCB).
The court held that the MPCB acted beyond its legal authority by restricting the operational area of Green Gene Enviro Protection and Infrastructure Limited, a private company engaged in pre-processing hazardous waste. The decision restores the company’s right to collect waste across most parts of the state.
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Background of the Case
The dispute arose after the MPCB amended its circular on 15 February 2024, followed by a unilateral change in Green Gene’s “Consent to Operate” (CTO) on 12 June 2025.
By inserting Clause 19 into the CTO, the Board limited Green Gene’s collection of hazardous waste to areas outside those allocated to a rival common treatment facility operating at Ranjangaon and Butibori.
Green Gene challenged both the amended circular and the CTO condition, arguing that the restriction virtually crippled its business. The company told the court that it had invested heavily in its Sangli facility after receiving statutory approvals and had been operating for years without such territorial limits.
Senior counsel appearing for Green Gene contended that the MPCB changed the rules midway, without notice or hearing. This, the company said, violated basic principles of fairness.
The petitioner also argued that the restriction created a monopoly in favour of another operator and reduced its operational area in Maharashtra to a small fraction of what was earlier permitted.
“The company had already altered its position based on valid permissions granted by the authorities,” the court was told, invoking the doctrine of legitimate expectation and promissory estoppel.
The MPCB defended its action by relying on a 2004 tripartite agreement involving the State, MIDC, and another waste management operator. According to the Board, the agreement required it to ensure that hazardous waste from certain zones was routed exclusively through the designated common facility.
The Board argued that the amended circular was necessary to honour contractual obligations and that similar restrictions had been imposed on other operators as well.
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Court’s Observations
After hearing all sides, the bench took a critical view of the MPCB’s action. It noted that the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 do not give the Pollution Control Board the power to restrict the geographical area of operation of a licensed facility.
“The amended circular is not a mere clarification of the rules,” the bench observed. “It substantially curtails the petitioner’s right to carry on its business.”
The court also found that the MPCB failed to place complete material on record and could not justify why such restrictions were selectively enforced.
Importantly, the judges held that a circular cannot be used to override statutory rules framed by the Central Government. Any such attempt, they said, would be illegal and without jurisdiction.
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Decision of the Court
Allowing the writ petition, the High Court quashed both the amended circular dated 15 February 2024 and Clause 19 inserted in the CTO issued to Green Gene on 12 June 2025.
The bench ruled that the MPCB had acted arbitrarily and in violation of Article 19(1)(g) of the Constitution, which guarantees the freedom to carry on trade and business.
With this, Green Gene’s operational rights stand fully restored as per the original consent granted by the authorities.
Case Title: Green Gene Enviro Protection and Infrastructure Ltd. vs State of Maharashtra & Ors.
Case No.: Writ Petition No. 2885 of 2025
Decision Date: 24 December 2025
