The court upheld the closure of a manufacturing unit for serious environmental violations, emphasizing the authority of pollution boards to act expediently in cases of grave environmental harm.

ORDER :

1. The present petition, presented today in the registry of the High Court, has been summoned and taken up after midday recess on an urgent oral mentioning by the learned Senior Counsels appearing for the petitioner.

2. Heard Mr. Saurabh Soparkar with Mr. Devang Nanavati, learned Senior Advocates assisted by Mr. Rohan Lavkumar, Mr. Aaditya Dave, Ms. Bhanvi Juvekar and Mr. Ashish Prasad, learned Counsels for the petitioner, Mr. Maulik Nanavati, learned advocate assisted by Ms. Manvi Damle, learned Counsel for the respondent No.1 and Mr. Dipak Dave, learned advocate for the respondent No.2 and perused the record.

3. The present petition is directed against a closure order/closure direction dated 03.02.2026 issued by the respondent no.1 - Gujarat Pollution Control Board (GPCB) with the reasoning given therein, as under:-

“CLOSURE DIRECTIONS UNDER SECTION 33-A OF THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT-1974 (HEREINAFTER REFERRED TO AS THE "WATER ACT") AS AMENDED FROM TIME TO TIME.

WHEREAS M/s. Piramal Pharma Limited (PPL) is engaged in manufacturing of Organic chemicals including halogenated hydrocarbons at Plot No.: D-2/11/A/I, GIDC Dahej, Ta: Vagra, Dist.: Bharuch.

AND WHEREAS, Gujarat Pollution Control Board (hereinafter referred to as "the Board") under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974, under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, and under Rule 6 of the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016 framed under Section 6 of the Environment Protection Act, 1986 has granted Consolidated Consents and Authorization (CC&A) vide order no. 148965 valid up to 17/07/2030 for manufacturing of products with condition mentioned therein.

AND WHEREAS, Tanker No. GJ 27 TG 6676 was spotted at Vayna village, Ta. Kalol, Dist.: Gandhinagar at Night of 31/01/2026 by local villagers for surreptitiously discharge of chemical at Water Canal Nr. Vayna Village, Ta. Kalol, Dist.: Gandhinagar.

AND WHEREAS, Technical Surveillance of the Board found that Tanker No. GJ 27 TG 6676 is involved was used in transportation of Spent HCL from M/s Piramal Pharma Ltd., Dahej GIDC, Dist. Bharuch., on 30/01/2026 vide manifest No.: 3229195 destined for M/s.Shree Ramnath ChemTAL: Chotila (Bamanbore), DIST: Surendranagar, AND WHEREAS, Same tanker got de-routed & found disposing Spent HCL into Water Canal of Vayna Village on 31/01/2026 night @2:20 AM spotted by local villagers and tanker is escaped while people try to catch the tanker at site.

AND WHEREAS in this context your industry was inspected on dated 02/02/2026 under Section-23 of the Water Act by authorized officers of the Board.

AND WHEREAS during the said inspection, the unit was found in operation and following non-compliances were observed;

1) Your industry has been inspected w.r.to Spent HCL sent from your unit through Tanker no. GJ 27 TG 6676 on 30/01/2026.

2) As per the records Verified from your unit, tanker no. GJ 27 TG 6676 entered the premises of Mis. Piramal Pharna Limited on 29/01/2026 at 7:15 AM to load spent HCL. After loading spent HCL, the said tanker left the premises at 11:05 AM on 30/01/2026, headed for M/s. Shree Ramnath Chem, Plot No. 422, near RR Chem, Bamanbore Industrial Estate, Taluka-Chotila, Dist. Surendranagar.

3) As per the measured distance on Google Map, the expected travel time from premises of M/s. Piramal Pharma Limited, GIDC Dahej to M/s. Shree Ramnath Chem, Bamanbore, Surendranagar is approx 5-6 hours; however, the manifest shows it arrived at M/s. Shree Ramnath Chem on 31/01/2026 at 5:39 AM (duration of more than 18 hours). Also r