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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAUTAM A.ANKHAD
Green Gene Enviro Protection And Infrastructure Limited – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to the amendment of the cto (Para 1 , 2) |
| 2. petitioner’s operational background and reliance on cto (Para 3) |
| 3. counterargument by mpcb regarding agreements (Para 4) |
| 4. details of the amended cto (Para 5) |
| 5. petitioner's claims of natural justice violations (Para 6 , 7) |
| 6. writ petition maintainability argument (Para 8) |
| 7. promissory estoppel doctrine application (Para 9 , 10 , 11) |
| 8. impact of the amending circular on petitioner’s operations (Para 12 , 13) |
| 9. hwm rules: responsibilities and powers (Para 14 , 15 , 16) |
| 10. mpcb's obligations under the tripartite agreement (Para 17 , 18) |
| 11. court's ruling on the legality of the amended circular (Para 19) |
| 12. conclusion: quashing of the amended circular and clause 19 (Para 20 , 21) |
JUDGMENT :
Shree Chandrashekhar, CJ.
The Green Gene Enviro Protection and Infrastructure Limited (hereinafter referred as the “petitioner-company”) is aggrieved by the amendment in Circular bearing No.MPCG/RO(BMW)/Circular/B-92 dated 15th February, 2024. It has challenged the consequential change in its Consent to Operate (in short, “CTO”) issued on 12th June, 2025. The petitioner-company states that it is directly impacted by the insertion
The court ruled that unilateral amendments restricting operational area without due process violate natural justice and contravene the HWM Rules, quashing the amendment.
The Circular was arbitrary, discriminatory, and null and void, violating Article 19(1)(g) of the Constitution of India and issued without any statutory unpinning.
The court established that environmental regulations applicable to waste processing facilities depend on the timeline of their establishment and that prior compliance with earlier rules is sufficient....
Environmental Clearance – Where adverse consequences of denial of ex post facto approval outweigh consequences of regularization of operations by grant of ex post facto approval, and establishment co....
Existing industries established before the Eco Sensitive Zone Notification cannot be presumed to be polluting without evidence, and prohibitions against new industries do not apply retroactively.
CBWTFs must strictly comply with bio-medical waste rules; violations like improper storage, outdated incinerators, data tampering justify closure, environmental compensation with interest, and altern....
CBWTF held strictly liable for Bio-Medical Waste Rules violations including data tampering, improper storage, outdated incinerator; closure upheld, compensation with interest imposed till full remedi....
(1) Environment (Protection) Act, 1986 does not prohibit ex post facto Environmental Clearance – Grant of ex post facto EC in accordance with law, in strict compliance with Rules, Regulations, Notifi....
The court emphasized strict compliance with bio-medical waste management norms, directing against unauthorized operations and underscoring environmental law precedence over business interests.
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