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2022 Supreme(Online)(NGT) 435

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
ACHARYA SHRI CHANDER COLLEGE OF MEDICAL SCIENCES AND HOSPITAL ASCOMS – Appellant
Versus
JAMMU AND KASHMIR POLLUTION CONTROL BOARD – Respondent


Advocates:
For the Petitioner: SONALI
For the Respondent:

ORDER

1. This appeal has been preferred against order dated 14.01.2022 of the Appellate Authority (Commissioner/Secretary to Government, Forest, Ecology & Environment Department, Jammu), under the Bio-Medical Waste Management Rules, 2016. By the said order, levy of compensation of ₹70,85,000/-, by the State PCB, vide order dated 15.02.2021, has been upheld on polluter pays principle.

2. We have heard the learned Senior Counsel of the appellant and with his assistance gone through the record.

3. The appellant is a Medical College-cum-Hospital along with a nursing institute in private sector. It is running 500 bedded hospital and has MBBS as well as Post-Graduation courses. In the process of its activities, medical and general waste are generated. It has appointed an authorized agency to handle such waste.

4. The State PCB conducted an inspection on 13.09.2012 and found following violations:-

(cid:147)A. Bio-medical Waste Management in the hospital

1. Labeling on the bins at some of the nursing stations was not proper. Label should be prominently visible and wash proof.

2. Present system of final disinfection at the incineration site i.e.

chemical treatment of waste sharps (Cat.4) and solid

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