HC directs Punjab Kesari to NGT in hotel pollution case, extends status quo by a week

Accepting preliminary objections raised by the Punjab government and the PPCB, the Bench held that the petition was not maintainable and that the petitioners had an effective statutory remedy before the NGT under the Water (Prevention and Control of Pollution) Act, 1974.

The petitioners had sought to quash the power disconnection order dated January 14, 2026, a notice issued a day earlier directing electricity cut-off, and a direction to restore government advertisements to Hind Samachar Limited as they stood prior to November 2, 2025. The court, however, confined its examination to the pollution-related action.

According to the board, an inspection conducted on January 13 found several violations at the 72-room hotel, which has a banquet hall, two restaurants and a swimming pool. The court noted the finding that the hotel’s sewage treatment plant “was not in operation during visit and untreated waste water was being bye-passed into municipal corporation sewer” with a “permanent provision of bye-pass”. The effluent treatment plant for laundry waste was also found to be non-functional, with untreated effluent being discharged into the municipal sewer.

The inspection report further recorded that the hotel did not have authorisation under the Hazardous Waste Management Rules, had inadequate stack heights for diesel generator sets, lacked proper hazardous waste storage, had a non-operational mechanical composter for wet waste, and maintained no records relating to water use, treatment plant operations or municipal approval for discharge of wastewater into the sewer. Effluent samples were collected and sent for laboratory testing.

Upholding the board’s action, the Bench said the pollution control board was entitled to act under its emergency powers. The court observed, “Where the Board is of the opinion that in view of the likelihood of a grave injury to the environment it is not expedient to provide an opportunity to file objections against the direction, it may for reasons to be recorded in writing, issue direction without providing such opportunity.”

Rejecting the argument that the petitioners were denied natural justice, the court said, “This argument is heard to be rejected on the ground that if opportunity was given in an emergent situation, then the very purpose of vesting the Board with emergent powers would stand defeated.” The Bench held that sufficient reasons had been recorded in the Board’s internal communication dated January 13, 2026, and that the law did not require prior communication of those reasons to the affected party.

The court also distinguished earlier judgments relied upon by the petitioners, including a 2019 Supreme Court ruling in the Sterlite Industries case, noting that the present matter “exclusively falls within the four corners of the Water Act”.

Before concluding, the Bench took note of an interim order passed by the Supreme Court on January 20, 2026, in a connected matter, which allowed uninterrupted functioning of the Punjab Kesari printing press while directing status quo in respect of other commercial establishments, including the hotel.

In view of this, the High Court extended the status quo for the hotel and other commercial establishments for one week, till January 30, 2026, to enable the petitioners to seek appropriate relief. The petition was disposed of without expressing any view on the merits of the case, leaving it open to the petitioners to approach the NGT.