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

Upholding the Punjab Pollution Control Board’s action, the Punjab and Haryana High Court Bench said the board was entitled to act under its emergency powers.

4 min readJan 24, 2026 07:56 AM IST

It upheld the board’s emergency powers but granted one-week status quo to allow the hotel’s owners to seek further legal relief.

The Punjab and Haryana High Court ruled that the challenge to PPCB’s closure and power disconnection orders against Park Plaza hotel must be taken to the NGT. (Express photo by Gurmeet singh)

The Punjab and Haryana High Court on Friday directed the The Hind Samachar Limited — owners of the Punjab Kesari newspaper — to approach the National Green Tribunal (NGT) in a case challenging punjab Pollution Control Board (PPCB) action against their luxury hotel, Park Plaza, in Jalandhar. The court, however, extended the status quo in respect of the hotel for one week to allow the petitioners to seek further legal remedies.

A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the directives while disposing of a writ petition filed by The Hind Samachar Limited and associated petitioners against emergency closure and electricity disconnection orders issued by the PPCB against the hotel in Jalandhar’s Civil Lines area.

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.”

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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.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More