1. The waste generated by Hospitals, Nursing Homes, pathological labs etc., termed as Bio-medical Waste, is required to be disposed of in terms of the Rules framed by the Government of India, in exercise of the powers conferred upon it by Sections 5, 8 and 25 of the Environment (Protection) Act, 1986, known as the Bio- Medical Waste (Management and Handling) Rules, 1998 (for short, 'the Rules of 1998'), repealed now by the Bio-Medical Waste Management Rules, 2016 with effect from 28-3-2016. Central Pollution Control Board has on 25-9-2003 issued guidelines for establishment of Common Bio-medical Waste Treatment Facility (CBWTF).

2. The petitioner with due permission of the competent authority established a Common Bio-medical Waste Treatment Plant at Industrial Area, Bhilai for disposal of medical waste in Durg, Bhilai and Raipur cities for which requisite authorisation was granted under Rule 8 of the Rules of 1998 subject to conditions mentioned in the memo dated 7-4-2003 to establish and operate CBWTF for Durg, Bhilai and Raipur cities only.

3. It is the case of the petitioner that the petitioner is successfully running the said CBWTF whereas it is the case of respondents No.