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Maharashtra Pollution Control Board cannot issue binding circular outside the statutory frame work.

December 31, 2025 legaldeli

The petitioner caters to more than 10000 industries in pre-processing activities of waste. On 10.3.2017, the MIDC had allotted land to the petitioner for its plant. The Consent to Establish was also given.

Thereafter, the Consent to Order was given to pre-process 2,75,000 MT hazardous waste per annum and to manufacture alternate fuel. It was valid till 2028.

After the petitioner started the operations the Boarded amended the Circular on 15.2.2024 providing that disposal of hazardous waste for co-processing shall be routed through respondent no.4. About 16 months thereafter, the CTO of the petitioner was amended on 12.6.2025 unilaterally restricting the operation area of the petitioner.

The MPCB is to act within 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 Amended Circular is not issued to clarify the provisions under the Rules for the benefit of the stakeholders or to secure effective compliance with the provisions thereunder. A Circular could never be intended to be used as an instrument of circumvention and subversion of the provisions under the Rules. The amended Circular dated 15th February 2024 is not statutory in nature and it has no legal effect, sanctity or sanction.

Judgment dated 24.12.2025 of the High Court of Bombay in Writ Petition No.2885 of 2025 of Green Gene Enviro Protection and Infrastructure Limited

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