The court ruled that unilateral amendments restricting operational area without due process violate natural justice and contravene the HWM Rules, quashing the amendment.

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 15^th February, 2024. It has challenged the consequential change in its Consent to Operate (in short, “CTO”) issued on 12^th June, 2025. The petitioner-company states that it is directly impacted by the insertion of clause 19 in the CTO dated 12^th June 2025 by which the area of its operation has been restricted and reduced to almost negligible. According to the petitioner-company, the action of the respondent no.2-Maharashtra Pollution Control Board (hereinafter referred to as “MPCB”) in incorporating Clause 19 in the CTO dated 12^th June 2025 is illegal, arbitrary, discriminatory, unreasonable and a colourable exercise of power by it.

2. For easy reference, the Amended Circular dated 15^th February, 2024 is reproduced hereinbelow:-

Date: 15/02/2024

AMMENDMENT IN CIRCULAR

Sub: Amendment in Pre-processing/Co-processing of Hazardous Waste in the State of Maharashtra.

Ref: 1. The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016

2. CPCB Guidelines for Pre-Processing and Co-Processing of Hazardous and Other Wastes in Cement Plant as per H& OW (M & TM) Rules, 2016.

3. Board Office Order vide No. MPCB/ROHQ/HSMD/TSDF/GK/B-3098 dtd. 14/05/2008

4. CPCB Letter vide No. CP-21/1/2022-TECH-RD-PUNE-RD (Pune)/544 dtd. 18/04/2022

5. Board's Circular vide No. MPCB/RO(BMW)/Circular/B-220823-FTS-0199 dtd. 23/08/2022.

6. Approval of Office Note vide No. 231227-FTS-0017 dtd. 01/02/2024.

The Board has issued the Circular regarding Pre-processing/Co-processing of Hazardous Waste in the State of Maharashtra vide No. MPCB/RO(BMW)/Circular/B-220823-FTS-0199 dtd. 23/08/2022.

Thereafter the Board has received representation from Common Hazardous Waste Collection Treatment and Disposal Facility located at Ranjangaon and Butibort alongwith the copies of tri party agreement dtd. 13/08/2004 between Maharashtra Industrial Development Corporation (MIDC), Maharashtra Pollution Control Board (MPCB) and M/s. Shaktikumar M. Sancheti Limited (M/s. SMS).

The above said representation were discussed before all technical HoD's of MPCB and also discussed with the expert Committee and it was decided to amend the Circular issued vide above reference No. 5 so as to ensure the compliance with the legal binding of the agreement that has been executed between MPCB, MIDC and Operator (M/s. SMS) which is valid for a period of 20 years from the Commencement of Operations or till completion of full Closure of the site whichever is later. Therefore, the last Paragraph of Circular issued on 23/08/2022 is hereby amended and shall be read as follows:

A) While granting the consent to the industries located in the operational area of CHWTSDF at Ranjangaon and Butibori as per the Order issued by the Board vide referred at Sr. No3 following condition shall be incorporated till period of 20 years from the Commencement of Operations or till completion of full Closure of the site whichever is later:

“Disposal of Hazardous waste for Co-processing shall be routed through pre-processing at CHWTSDF located at Ran