Green Gene Enviro Protection And Infrastructure Limited v. The State Of Maharashtra, Through Its Chief Secretary

JPP 5. WP 2885.2025.doc by JYOTI PRAKASH PAWAR Date:

2025.07.30 10:29:22 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

JYOTI PRAKASH PAWAR ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2885 OF 2025 Green Gene Enviro Protection and Infrastructure Ltd.

... Petitioner V/s.

The State of Maharashtra, through its Chief Secretary and Ors.

... Respondents _______________________________________ Mr. Zal Andhyarujina, Senior Advocate with Ms. Akanksha Agrawal i/b. Mr. Gaurav Raj Shrawat for the Petitioner Ms. Nidhi Chauhan i/b. Mr. Vishwanath Patil for Respondent No.2 _______________________________________ CORAM : ALOK ARADHE, CJ. AND SANDEEP V. MARNE, J.

DATE : 29 JULY 2025 P.C. :

1.

In this Writ Petition, the Petitioner has challenged the amendment in the Circular dated 15 February 2024, issued by the Maharashtra Pollution Control Board (MPCB), by which the Petitioner's right of receiving any hazardous waste from the industries located in the areas allotted to Respondent No.4 has been restricted. 2.

The validity of the aforesaid amendment is challenged inter-alia on the following grounds :- 1/2

JPP 5. WP 2885.2025.doc (i) That the MPCB has no authority to issue the impugned circular as the activity is an inter State activity. (ii) That the impugned amendment has been passed in violation of principles of natural justice.

3.

Issue notice to the Respondents. Ms. Nidhi Chauhan, learned Advocate waives notice on behalf of Respondent No.2 and prays for and is granted three weeks' time to enable her to file an affidavit in reply. 4.

List after three weeks.

( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE ) 2/2