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2024 Supreme(Cal) 856

SABYASACHI BHATTACHARYYA
Greentech Environ Management Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Reshmi Ghosh, Barnali Gantait.
For the Respondents: Somnath Ganguli, Kalpit Paul, N.C. Bihani, S. Mukherjee, Sutapa Sanyal, Soumya Roy Chowdhury, Debrup Bhattacharjee, Ritesh Kumar Ganguly, Utsa Podder, Reetobroto Kumar Mitra, Sankarsan Sarkar, Aditya Kanodia.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The petitioner no. 1 is a Common Bio-Medical Waste Treatment Facility (hereinafter referred to as “CBMWTF”) and the petitioner no. 2 is its Director. The present challenge has been thrown against an order issued by the Senior Special Secretary, Government of West Bengal, Health and Family Welfare Department, HS (MS) Branch dated August 11, 2023. By the said order, in super-session of all previous orders, the existing assignment of CBMWTFs as adopted in 2019with respect to lifting, transportation, treatment and disposal of bio-medical wastes generated in different public health facilities across the State will be reallocated based on distance criteria as per Annexure – A thereto. All the health facilities in the State along with other entities generating bio-medical waste will be tagged with the existing and operational CBMWTF facilities authorised by the West Bengal Pollution Control Board with effect from August 18, 2023. The arrangement is to remain valid for six months and thereafter reviewing the performance, further allocation may be done, if necessary. The zone-wise list of health facilities are specified in Annexure-B thereto.

2. The p

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