
Court Ruling Summary: The Bombay High Court ruled in favor of Green Gene Enviro Protection and Infrastructure Limited against the State of Maharashtra, canceling a rule that limited Green Gene's work in handling dangerous waste.
Green Gene Enviro Protection and Infrastructure Limited, a company that deals with dangerous waste, was upset with a change made by the Maharashtra Pollution Control Board (MPCB). This change, made on June 12, 2025, limited where Green Gene could work. The company argued that this was unfair and not right.
On February 15, 2024, the MPCB issued a new rule about how dangerous waste should be handled in Maharashtra. This rule affected Green Gene's permission to handle waste all over the state. The new rules meant they could only work in certain areas, which was a big problem for them.
Green Gene claimed that the new rules were unfair and broke basic fairness laws. They said these changes were made without giving them a chance to speak up. They also pointed out that they had been allowed to work in these areas before and had invested a lot in their facilities.
The MPCB argued that they were just following an agreement made in 2004 with another company, Sancheti Limited. They said this agreement gave Sancheti exclusive rights to certain areas for waste management. According to the MPCB, they were just enforcing this old agreement.
The court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, found that the MPCB's rule was not legal. They said the rule unfairly limited Green Gene's business and wasn't supported by the rules. The court emphasized that the rule had no legal basis and was unfair.
"The impugned Circular is illegal, arbitrary and discriminatory and infringes the right of the petitioner-company under Article 19(1)(g) of the Constitution of India."
On December 24, 2025, the court decided in favor of Green Gene, allowing them to continue their operations without the restrictions imposed by the MPCB. This decision was a big win for Green Gene, ensuring they could continue their business across Maharashtra.