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2015 Supreme(Jhk) 945

IN THE HIGH COURT OF JHARKHAND AT RANCHI
VIRENDER SINGH and P.P. BHATT, JJ.
Jharkhand Human Rights Conference-JHRC - Petitioner
Versus
The State of Jharkhand & Others - Respondents
W.P.(PIL) No.1385 of 2012
Decided on : 24.7.2015

Advocates Appeared:
For the Petitioner:Mr. Samavesh Bhanj Deo, Advocate
For the State :Mr. Binod Poddar, Advocate General Mr. Rajesh Shanker, Govt. Advocate
For the RIMS& IMA
For Respondent Nos.7&8:Mr. Rajesh Kumar, Advocate Mr. Anil Kumar Sinha, Senior Advocate Mrs. Richa Sanchita, Advocate For the R.M.Corp., Mr. L.C.N. Shahdeo, Advocate

The main legal point established is the need for coordination between District Authorities and Pollution Control Board for the registration of Clinician Establishment and compliance with waste management rules.

Headnote:

Pollution Control Board - Bio-Medical Waste Management - Jharkhand State Clinical Establishment (Registration and Regulation) Rules, 2013, Bio Medical Waste (Management and Handling) Rules, 1998 - The court discussed the coordination between District Authorities and Pollution Control Board for registration of Clinician Establishment, the requirement for specialized vans for waste collection, and the need for incinerators. It also emphasized the importance of public notices and compliance with waste management rules.

Fact of the Case:

The court discussed the coordination between District Authorities and Pollution Control Board for registration of Clinician Establishment, the requirement for specialized vans for waste collection, and the need for incinerators. It also emphasized the importance of public notices and compliance with waste management rules.

Finding of the Court:

The court found that there was a need for coordination between different authorities for the registration of Clinician Establishment and proper waste management.

Issues: Coordination between District Authorities and Pollution Control Board, waste management compliance, and shortage of staff in the Pollution Control Board.

Ratio Decidendi: The court emphasized the importance of coordination and compliance with waste management rules for Clinician Establishments.

Final Decision: The consideration of the petition was deferred for six weeks, with a directive to provide an update on the vacant posts and the coordination between authorities.

ORDER

Virender Singh, J.


Mr. Binod Poddar, learned Advocate General states that pursuant to the last direction of the Court dated 7th July, 2015, a meeting was convened in his Office only on 10th July, 2015, which was attended by Mr. Rajesh Shanker, learned Government Advocate of this Court, Shri Prashant Kumar, Municipal Commissioner, Ranchi Municipal Corporation, Shri Sumant Mishra, Director-in-Chief, Health Department, Jharkhand, Shri Sanjay Kumar Suman, Member Secretary, Jharkhand State Pollution Control Board and Dr. Rakesh Dayal, Nodal Officer, Bio-Medical Waste, Health Department, Government of Jharkhand, and the following minutes were drawn:

1. There shall be coordination between the District Authorities and Jharkhand State Pollution Control Board while making registration of Clinician Establishment under the Jharkhand State Clinical Establishment (Registration and Regulation) Rules, 2013 (hereinafter referred to as “2013 Rules”) as well as under Bio Medical Waste (Management and Handling) Rules, 1998 (hereinafter referred to as “1998 Rules”). All representat5ives of the concerned departments will exchange data and information regularly to avoid communication gap.

2. There are six specialized vans employed for collection of Bio Medical Waste from the lanes and sub lanes of the towns. The Rmgarh Agency is having the common Bio Medical Waste Tr4eatment facility (Hereinafter referred to as “Operator”) and is operating within radius of 150 Kms. As per the Central Pollution Control Board Guidelines but it is felt that to cover the entire area of Jharkhand 3 more agencies will be required (Pollution Control Board is competent to authorize 3 more operators to cover entire area of Jharkhand.

3. The detail of existing incinerators will be furnished by the Board by 16th Jul 2015.

4. Director-in-Chief, Health Services, Sri Sumant Mishra, informed that all the data of registration under the 2013 Rules are available on NET and he will coordinate with the Member Secretary, Pollution Control Board, Jharkhand to make it available by 13th July, 2015.

5. The Pollution Control Board and the Director in-Chief, Health Department. Jharkhand, will jointly publish statutory public notices in 2 (two) prominent Hindi and English Newspapers of Jharkhand wherein the reference of Bio Medical Waste (Managment and Handling), Rules 1998 and Jharkhand State Clinical (Registration and Regulation) Rules, 2013 shall be made specifying the consequence of defaults prescribed under the above rules by 20th July, 2015. (Web link of the Rules and Acts will be disclosed in the public notice. A copy of the notice will be forwarded to this office for information.)

6. While granting registration by the Health department or by the District Authority, they will ensure that the applicant is also having in permission of the prescribed authority under Bio Medical Waste (Management and Handling), Rule 1998 and vice versa the Board will also ensure and satisfy that the applicant is duly registered under the Jharkhand State Clinical (Registration and Regulation) Rules, 2013.

7. It has been proposed by Sri Prashant Kumar, Municipal Commissioner, Ranchi Municipal Corporation, and accepted by Sri Sumant Mishra and Sri Sanjay Kumar Mishra that there is a possibility of organizing a seminar/work shop for the purpose of awareness, education, implementation and registration which may be organized jointly by the Ranchi Municipal Corporation, Health Department and Pollution Control Board that too preferably on or before 15th August, 2015.

2. Mr. Poddar states that pursuant to the decision taken in the aforesaid meeting on 22nd July, 2015, a public notice was also issued by the Member Secretary, Jharkhand State Pollution Control Board and the Director-in-Chief, Health Services, Jharkhand, in the Daily Newspaper having wide circulation namely 'Hindustan Times', 'Times Of India'


















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