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Supreme Court asks Gujarat pollution body to decide pharma firm plea in 1 week

The top court didn’t grant any interim relief, observing that the allegations involved dumping of hazardous waste into a water body connected to the Narmada

Published on: Feb 9, 2026, 15:18:46 IST
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The Supreme Court on Monday directed the Gujarat Pollution Control Board (GPCB) to decide within a week a representation filed by Piramal Pharma Ltd, challenging the immediate closure of its Dahej manufacturing facility over alleged environmental violations linked to hazardous waste dumping.

The Supreme Court told the pharma company to avail of its remedies before the statutory authorities and the National Green Tribunal (ANI)
The Supreme Court told the pharma company to avail of its remedies before the statutory authorities and the National Green Tribunal (ANI)

A bench comprising Chief Justice of India Surya Kant, and justices Joymalya Bagchi and NV Anjaria disposed of the petition after noting that the company had already moved a representation before the pollution control board on February 5, seeking revocation of the closure order dated February 3.

While senior advocate Mukul Rohatgi, appearing for Piramal Pharma, urged the court to stay the shutdown order, the bench refrained from granting any interim relief, observing that the allegations involved dumping of hazardous waste into a water body connected to the Narmada river.

“This is about alleged dumping of hazardous waste in the Narmada river… this is a source of water for the state and its people. You avail of your remedies before the statutory authorities and the green tribunal,” the bench told Rohatgi.

In its order, the Supreme Court directed the pollution control board to decide the company’s representation within a week after giving it an opportunity to be heard. It also clarified that Piramal Pharma would be at liberty to approach the National Green Tribunal (NGT), which, if moved, should decide the matter, preferably within two weeks.

The Dahej facility is a key manufacturing unit for Piramal Pharma, producing speciality fluorochemicals and key starting materials (KSMs) used in inhalational anaesthesia, forming a critical part of the company’s hospital generics business.

The controversy originates from allegations of environmental violations under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974. According to GPCB, on January 30, 2026, a tanker carrying spent hydrochloric acid left Piramal Pharma’s Dahej facility for delivery to a licensed waste treatment unit in Surendranagar district.

While the journey ordinarily takes five to six hours, villagers in Gandhinagar district allegedly spotted the same tanker dumping chemical waste into a water canal in the early hours of January 31. Acting on local complaints, surveillance inputs and route data, the pollution control board concluded that the tanker had deviated from its authorised route.

Holding Piramal Pharma accountable as the generator of the hazardous waste, GPCB initiated emergency action, issued a show-cause notice, and on February 3, ordered the immediate closure of the Dahej plant.

The closure order directed a complete shutdown of all manufacturing operations, stoppage of electricity and water supply except for limited use required for safe shutdown, and prohibited the use of captive power and diesel generator sets. The board also ordered the company to furnish a 15 lakh bank guarantee for one year, warning that non-compliance could invite further action, including encashment of the guarantee.

On its part, Piramal Pharma denied any illegal dumping and attributed the alleged violation to a third-party transporter. The company relied on GPS tracking data, including records from the pollution board’s monitoring system, to contend that the tanker was never near the Gandhinagar canal. According to the company, the vehicle had halted at Bagodara along the authorised route for rest.

The company also argued that it was not afforded an adequate opportunity to present its case before the closure order was issued and contended that shutting down the entire plant was disproportionate, particularly in light of the alleged dumping by a third-party transporter.

However, on February 5, the Gujarat high court dismissed Piramal Pharma’s challenge to the shutdown, holding that the pollution control board was empowered to order immediate closure in cases involving a risk of serious environmental harm.

 
ABOUT THE AUTHOR
Utkarsh Anand

Utkarsh Anand is the National Legal Editor at Hindustan Times, where he leads the newspaper's coverage of the Supreme Court, constitutional law, the judiciary and the Union law ministry. He joined Hindustan Times in 2020 after stints at Press Trust of India (PTI), The Indian Express and CNN-News18, and has over two decades of experience reporting on law, governance and public policy. His work has focussed on some of India's most consequential constitutional and legal developments, including the Supreme Court's judgments on Article 370, marriage equality, decriminalisation of homosexuality, the Babri Masjid dispute, electoral reforms and judicial appointments. He specialises in making complex legal proceedings and judgments accessible to readers while examining their wider social and political impact. Beyond daily reportage, Utkarsh has led investigative projects and enterprise reporting that have shaped public debate and prompted institutional responses. His work has received several journalism awards, including the Ramnath Goenka Excellence in Journalism Award. As National Legal Editor, he has also played a key role in expanding Hindustan Times' legal journalism footprint, mentoring reporters and strengthening coverage across platforms. A Chevening South Asia Journalism Programme Fellow, Utkarsh regularly writes analyses on the judiciary and constitutional issues, and his reporting is widely followed by lawyers, judges, policymakers, academics and readers seeking clarity on India's evolving legal landscape.

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