The establishment of an Expert Committee by the State Government to supervise and monitor the process of setting up a common biomedical waste treatment facility in the State of Goa addressed the petitioner's grievances.

(Per F. M. Reis, J.)

Heard Ms. Almeida, learned Counsel appearing for the Petitioners, Ms. Mordekar, learned Addl. Government Advocate appearing for the Respondent no. 1, Mr. Padiyar, learned Counsel appearing for the Respondent no. 2 and Shri Godinho, learned Counsel appearing for the Respondent no. 3.

2. The above Writ Petition filed by the Petitioner, inter alia, on the ground that the Petitioner has a 180 bedded hospital and provides for multi-speciality and super speciality tertiary care involving surgical procedures on a large scale. By the very nature of its activities the hospital generates solid waste as well as biomedical waste. The Petitioner by a Management Agreement dated 31.01.2007, took over the management of the hospital from the NUSI ITF Trust of India, Indian Seafarers. The contractual Agreement was signed on 02.03.2009 and a no objection certificate was granted to the Petitioners by the Directorate of Health Services, Government of Goa on 10.02.2010. The Trade and Occupation license was also granted by the Respondent no. 2 on 10.02.2010 and thereafter on 15.01.2009 and 05.06.2009 the Respondent no. 3 issued directions cum show cause notices to the Petitioners under Section 5 of the Environment Protection Act. The show cause notice was duly replied by the Petitioner on 11.06.2009. A complaint was thereafter lodged before the Goa State Pollution Control Board by one Mr. Oscar Martins alleging non-compliance of the directions issued to the Petitioner by the Respondent no. 3. An inspection was thereafter conducted by Respondent no. 3 of the premises of the Petitioners hospital and after such inspection, the Respondent no. 3 was satisfied with the method and the procedure adapted by the Petitioners for treating, handling and disposing of the biomedical waste. It is further the contention of the Petitioner that the Respondent no. 2 does not pick up and transport segregated biomedical and non biomedical waste and the Petitioner is forced to dispose of treated biomedical waste by deep burial method. Thereafter, on 08.06.2009, the Petitioner made a representation to the Chief Officer of the Cuncolim Municipal Council to arrange for a garbage disposal vehicle to collect the garbage/biomedical waste generated from the hospital of the Petitioners. The Respondent no. 2 replied expressing its inability to colelct and dispose of the garbage/biomedical waste generated by the Petitioner on the ground that the temporary site belonging to the Respondent no. 2 was under dispute and directed the Petitioner to dispose of the garbage at its own level. Subsequently, Mr. Roney Dias approached the Respondent no. 2 against the Petitioner alleging breach of Biomedical Waste (Managing and Handling) Rules as well as threat to the environment on account of accumulation of garbage and biomedical waste by the hospital management by the Petitioner. The hearing was given by the Respondent no. 4 as a Chairman of the Goa Pollution Control Board, where it was decided to hold a joint inspection. The Petitioner already installed all facilities required for the treatment of biomedical waste and the said facilities are fully operation and all biomedical waste generated in the hospital is segregated by the Petitioner in terms of the Rules and treated as per the Rules. It is further the contention of the Petitioner that due to inaction on the part of the Respondent no. 2 to pick up and transport to the dumping site for disposal of municipal solid waste as well as biomedical waste, the Petitioners are forced to dispose of and treat biomedical waste by deep burial method. As all the requests by the Petitioner and the reminders sent to the concerned authorities for disposal of the biomedical waste did not yield any result, a final reminder was sent on 02.08.2010. However, no remedial measures were taken by the Respondents. As such, the Petitioners filed the above Writ Petition, inter alia, seeking a direction to the Respondents to discharge thei