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Act, 1986, known as the Bio- Medical Waste (Management and Handling) Rules, 1998 (for short, 'the Rules of 1998'), repealed now by the Bio-Medical Waste Management Rules, 2016 with effect from 28-3-2016.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.2 and 3 that the petitioner failed to maintain the said CBWTF leading to grant of consent to establish under the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (for short, 'the Air Act') and the Water (Prevention and Control of Pollution) Act, 1974 (for short, 'the Water Act'), to respondent No.5.

4. Thus, the petitioner seeks to challenge the consent granted on 31- 3-2012 to respondent No.5 for establishing Common Bio-Medical Waste Treatment Plant for capacity of two ton per day at P.H.No.20, Khasra No.70/(1, 2, 5), Village Siltara, Dharsiwa, Distt. Raipur subject to fulfillment of certain conditions clearly providing that consent for operation as required under the Water Act and the Air Act shall be granted to respondent No.5 after fulfillment of all the conditions mentioned in the memo dated 31-3-2012.

5. The petitioner has challenged the said order dated 31-3-2012 preliminary on the ground that the petitioner has established CBWTF for Raipur, Durg and Bhilai, making its capital investment on land allotted to the petitioner in industrial estate on payment of premium and ground rent, and pursuant to selection and allotment of CBWTF, respondent No.2 has granted provisional authorisation on 7-4-2003 with a specific area prescription of Raipur, Durg and Bhilai cities only. The said authorisation was kept on renewing and latest authorisation is valid up to 6-4-2018 in which the petitioner has made huge capital investment as per the guidelines of Central Pollution Control Board and also made huge investment for up-gradation as per the direction of respondent No.2 in the financial years 2013-14 and 2015-14. The main ground raised in the petition is that the guidelines of 2003 issued by Central Pollution Control Board clearly bar installation of second CBWTF in the same area until the minimum bed capacity of 10,000 is achieved as it further prescribes the area restriction for second CBWTF and in the present case, the bar undisputedly attracts, therefore, the permission granted in violation of mandatory norms of the Central Pollution Control Board is illegal and without authority of law, as such, the order Annexure P-1 dated 31-3-2012 deserves to be quashed. Establishment of CBWTF is a statutory assignment and specific procedure and power to establish the same has been given in the Rules of 1998 and therefore CBWTF is a public utility and as such, a private entrepreneur cannot be granted permission by mere asking.

6. Return has been filed by the State Environment Conservation Board controverting the allegations made in the writ petition and stating inter alia that the order Annexure P-1 granting consent to establish is an appealable order under the provisions of the Air Act and the Water Act. The order Annexure P-1 dated 31-3-2002 was p