HC Stops Sudden PPCB Action Against Rajinder Gupta’s Trident Group
High Court halts abrupt PPCB action against Trident Group
The Punjab and Haryana High Court on Friday granted interim relief to Trident Group by directing the Punjab Pollution Control Board (PPCB) to provide a 30-day notice period before initiating any coercive action against the company’s Barnala unit.The order came while disposing of a petition filed by the group’s managing director, Deepak Nanda, challenging a recent PPCB inspection at the company’s facility. The bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry observed that the pollution board had failed to demonstrate any immediate environmental emergency or evidence of poisonous effluents warranting urgent coercive action.
The court held that, in the absence of a severe environmental threat, the company should be given a reasonable opportunity to rectify any deficiencies identified during inspections. It further clarified that the company would remain free to approach the National Green Tribunal if disputes arise from any future actions taken by the PPCB.
The dispute stems from a PPCB raid conducted at Trident Group’s Barnala facility on April 30, shortly after the company’s founder and Rajya Sabha MP Rajinder Gupta resigned from the Aam Aadmi Party (AAP) and joined the Bharatiya Janata Party (BJP). Gupta was among several AAP MPs who switched political allegiance in April, leading to political speculation surrounding the timing of the inspection.
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Representing the company, senior advocate Munisha Gandhi argued that the inspection was “arbitrary and malafide” and alleged procedural irregularities in the sample collection process. According to the petition, samples were allegedly not sealed in the presence of company representatives and no prior notice had been issued before the inspection. The company also pointed out that the same unit had reportedly cleared a previous inspection conducted on April 13.
On behalf of the PPCB, senior advocate DS Patwalia rejected allegations of political targeting, describing them as baseless and maintaining that the inspection was part of routine statutory enforcement. He argued that the petition was premature because no adverse order had yet been passed and suggested that the company should seek remedy before the National Green Tribunal instead.
However, the high court concluded that due process must be followed before any punitive measures are taken. The bench directed that the PPCB must give the company 30 days to address any concerns raised during inspections before considering closure orders or other coercive actions against the industrial unit.
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