ORDER

1. This is an Original Application under Section 14,15,16,17 and 18 (1) of National Green Tribunal Act, 2010 filed by one Udho Prasad Sharma raising a grievance that Respondent Nos. 2, 4 and 6 are not taking effective steps in respect of non-compliance of Bio-Medical Waste Management Rules, 2016 (hereinafter referred to as ‘Rules, 2016’) by Respondent Nos. 3, 5 and 7 who are all Government Medical Colleges and Hospitals at Bilaspur, Chandigarh and Delhi respectively.

2. It is contended that the Proponents are not observing Rules, 2016 strictly; Bio-medical waste categorized as yellow, red, white and blue are not being treated strictly in accordance with the procedure prescribed under the Rules and Authorities/Statutory Regulators responsible for implementation of the above Rules, are not taking any effective remedial action against the said Proponents.

3. Learned Counsel for the Applicant drew our attention to a copy of letter dated 09.02.2017 which shows that bio-medical waste was categorized as yellow, red, white and blue. It is alleged that the waste is not being treated as per Rules, 2016. However, there is no averment in the entire application that the said waste is not being treated and managed as per the provisions of Bio-Medical Waste Rules, 2016.

4. He also drew our attention to Page 35 and 37 of Original Application which are the orders passed by Statutory Regulator imposing compensation for violation of Rules, 2016 upon two individual proponents namely M/s Tej Diagnostic Centre, Kedarpur Bhatti Road, Ambikapur, District Surguja, Chhattisgarh and M/s Day Care Clinic, MG Road, Near Dashmesh School, Ambikapur, District Surguja, Chhattisgarh. We find from record that firstly, proceedings have been initiated by State PCB officials and finding violation of Rules, 2016, compensation has been imposed. Matter has become final. Further, two individual proponents are not party to the original application. In fact, no grievance has been raised in this O.A. against the said proponents. Therefore, the issue regarding those proponents cannot be examined in the matter.

5. Besides, we may place on record that the issue with regard to compliance of Bio-Medical Waste Rules, 2016 has been considered in detail by this Tribunal in O.A. No. 710/2017, Shailesh Singh Vs. Sheela Hospital and Trauma Centre, Shahjahanpur & Ors. connected with several other Original Applications and in the order dated 18.01.2021, in the light of status of compliance projected vide CPCB report dated 13.01.2021, this Tribunal has said:-

“2. Grievance in these matters is that the rules are not being enforced by the Hospitals named as respondents in the Applications in the State of UP. However, in the course of proceedings, this Tribunal extended the scope of consideration to the entire Country, as situation in most of the States/UTs requires intervention for compliance of Rules. Vide order dated 16.1.2019 in OA 606/2018, this Tribunal required Chief Secretaries of all States/UTs to monitor compliance of these Rules with other significant environmental issues in the interest of public health and environment and by later order, the Chief Secretaries were directed to set up monitoring cells directly under them. Directions were also issued in the present matter for constitution of District Environmental Committees at District level under the District Magistrates for such compliances. There are acknowledged gaps in terms of the giving of authorizations as well as in the segregation, treatment and disposal of waste.

3. The matter was reviewed vide order dated 22.01.2020 with reference to earlier proceedings and the report of the CPCB. It was noted in an earlier order that unscientific disposal of bio-medical waste had potential of serious diseases such as Gastrointestinal infection, Respiratory infection, Eye infection, Genital infection, Skin infection, Anthrax, Meningitis, AIDS, Haemorrhagic fevers, Septicaemia, Viral Hepatitis type A, Viral Hepatitis type B and C, et