Raid Conducted By PPCB Stems From Political Vendetta: Punjab & Haryana HC Grants 30 Days Time To BJP MP's Company To Rectify Defects
The Court found that the raid appeared to be driven by political vendetta following the Chairman Emeritus's decision to join the BJP along with six other Rajya Sabha members.
The Punjab and Haryana High Court has asked the Punjab Pollution Control Board (PPCB) not to take immediate coercive action against Trident Limited, noting that the timing of a recent raid suggested a "reasonably palpable" case of political retaliation.
The petitioner contended that the sudden enforcement action was triggered by its Chairman Emeritus—formerly an Aam Aadmi Party (AAP) Rajya Sabha member—switching his political allegiance to the Bharatiya Janata Party (BJP).
Finding that the PPCB failed to prove an emergent environmental threat that justified bypassing due process, the Court mandated a 30-day window for the company to address any minor deficiencies before any punitive steps could be pursued.
The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry observed, “By applying the Wednesbury principle, the apprehension in the mind of the petitioner Company that the raid conducted by respondent No.2/Board on 30.04.2026 stems from political vendetta, appears reasonably palpable.”
Senior Advocate Munisha Gandhi appeared for the Petitioner, Advocate General Punjab Maninderjit S. Bedi appeared for the State, and Senior Advocate D.S. Patwalia appeared for PPCB.
A writ petition was filed by the Petitioner seeking direction for restraining the Respondents from taking any coercive steps against the Petitioner-Company pursuant to the raid conducted by a team of officers of Respondent No.2/Punjab Pollution Control Board (PPCB). It was submitted that no prior notice was afforded to the petitioner before the said raid. A further direction is sought to send the seized samples to a Central Testing Laboratory outside the State of Punjab and not to any Laboratory within the State of Punjab.
It was submitted by the Petitioner that the Chairman Emeritus of the Petitioner Company, who was a Rajya Sabha member from Punjab belonging to the Aam Aadmi Party, switched his political allegiance by joining the Bhartiya Janta Party. It was alleged that the entire raid conducted was motivated by political vendetta rather than genuine environmental concerns, thereby vitiating the powers so exercised.
The Respondent-Board submitted that under rule 32(6) of the Punjab Water Rules, where the likelihood of a grave injury to the environment is palpable, then the need to provide prior opportunity of being heard can be waived.
The Court said, “This Court is of the considered view that since respondent No.2/Board has failed to show any emergent situation where any stream, well, land or environment is being polluted by poisonous effluents, it would be appropriate to allow respondent No.2/Board to take coercive steps only after affording reasonable opportunity of 30 days to the petitioner Company for rectifying any minor deficiencies.”
Accordingly, the Petition was disposed of with the liberty to the Petitioner to approach the NGT in case any coercive actions are taken by the PPCB.
Cause Title: Trident Limited v. State of Punjab & Anr. [Neutral Citation: 2026:PHHC:071787-DB]
Appearances:
Petitioner: Senior Advocate Munisha Gandhi, Advocate Viraj Gandhi, Advocate Adarsh K. Dubey.
Respondents: Advocate General Punjab Maninderjit S. Bedi, Senior Advocate D.S. Patwalia, Senior Deputy Advocate General Punjab Salil Sabhlok, Advocate Kavita Joshi, Advocate A.S. Chadha.