Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 3812

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. Pushpa Sathyanarayana, J, Dr. Satyagopal Korlapati, ACJ
Meenava Thanthai K.R. Selvaraj Kumar Meenavar Nala Sangam – Appellant
Versus
Tamil Nadu State Environment Impact Assessment Authority – Respondent
Original Application No.07 of 2022 (SZ)

Advocates:
For the Appellants/Petitioners: Mr. G. Stanly Hebzon Singh, Mr. K. Mageshwaran
For the Respondents: Mr. G.M. Syed Nurullah Sheriff, Mr. S. Sai Sathya Jith, Dr. D. Shanmuganathan, Mr. B. Radhakrishnan, Mr. K. Sivasubramaniyan

Project proponents must obtain Environmental Clearance before commencing construction as failure constitutes a legal violation, necessitating remediation and compensation under environmental laws.

Headnote:(A) Environment (Protection) Act, 1986 - Sections 19 and 24 - Environmental Clearance and Consent to Operate - Medical college and hospital commenced operations without requisite approvals - Allegations of environmental violations and risks to public health - Court affirms that the lack of clearance constitutes a violation of the EIA Notification, 2006, necessitating environmental compensation. (Paras 1, 30, 32)

(B) Regulatory Compliance - Obligation of project proponents to secure necessary approvals prior to commencing construction - Court highlights that exemptions for educational institutions do not apply to hospital facilities - Non-compliance has legal implications and requires remedial actions. (Paras 31, 38)

Facts of the case:
The applicant seeks action against the 4th Respondent, which commenced operations of a medical college and hospital exceeding mandated coverage areas without prior Environmental Clearance or Consent, while allegedly causing significant environmental harm. (Paras 1-7)

Findings of Court:
The court ruled that the applicant's allegations were substantiated regarding the 4th Respondent’s failure to comply with environmental regulations and directed a computation for environmental compensation. (Paras 49-51)

Issues: Whether the 4th Respondent obtained all required clearances and adhered to applicable environmental regulations.

Ratio Decidendi: The court established that the failure to secure Environmental Clearance despite clear obligations constitutes a violation; further procedural delays and non-compliance demonstrated a disregard for environmental law.

Result: The application was disposed of, directing the computation of environmental compensation for violations. (Paras 49-52)

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The applicant, which is a registered society founded in order to work towards the upliftment and improvement of conditions of life, has expressed his concern about the environmental violations committed by the 4^th Respondent viz., M/s. ACS Medical College and Hospital, which is established and commenced their operation without obtaining requisite prior Environmental Clearance and Consent from the authorities.

2. The applicant has alleged that the 4^th Respondent has violated several environmental regulations, causing harm to the environment and public health. In the application, the applicant has contended that the 4^th Respondent had commenced construction and operation of the medical college and hospital in a built-up area of 78,103.58 Sq. Meters in a land area of 1,19,263.71 Sq. Meters in Survey Nos.35/1, 2, 3, 63/2, 64/1A and 1B2 in Numbal Village, Ponnamallee Taluk, Thiruvallur District, without prior Environmental Clearance from the State Environmental Impact Assessment Authority – Tamil Nadu (for short ‘SEIAA – Tamil Nadu’).

3. It is alleged that the operation of the 4^th Respondent falls under ‘B’ Category of Item 8 (a) - ‘Building and Construction Projects’ of the EIA Notification, wherein the prior Environmental Clearance is mandatory before the commencement of the construction of the medical college and hospital. The 4^th Respondent has not obtained the mandatory Consent to Establish and Consent to Operate under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 . It is further alleged that the 4^th Respondent failed to obtain authorization letter under the provisions of the Bio Medical Waste Management Rules, 2016 for the proper segregation, storage and disposal of biomedical waste.

4. The applicant alleges that unscientific disposal and dumping of biomedical waste would cause severe health hazards to the people in the vicinity. The unscientific, unauthorized and undesignated segregation and disposal of biomedical waste by the 4^th Respondent causes a great threat to the general public, doctors, nurses and health care workers.

5. The other allegation is that there is no effective ETP to treat the untreated effluents generated from the hospital and medical college and the same is being discharged into the public drainage. The next allegation levelled against the 4^th Respondent is regarding the illegal extraction of the groundwater for the operation of the medical college and hospital. It is alleged that the Project Proponent had illegally sunk several bore wells in the project site for the medical college and hospital. The 4^th Respondent has failed to obtain permission from the Central Groundwater Authority/ State Groundwater Authority prior to the extraction of the groundwater from the project site.

6. The applicant also has sent a representation in this regard dated 18.11.2021 to the authorities concerned, highlighting the non-compliance of the environmental norms by the 4^th Respondent. However, no action has been taken by the authorities for the violation of the provisions of the EIA Notification, Environment (Protection) Act, 1986 , Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 .

7. So, on the above grounds, the applicant seeks directions to the authorities to take stringent action against the 4^th Respondent for continuing illegal, unauthorized and unscientific operation of the medical college and hospital, which is operating without Environmental Clearance and Consent and to demolish the buildings and pay the environmental compensation.

8. In the report dated 06.02.2023 of the SEIAA –Tamil Nadu, it is stated that the 4^th Respondent had applied for seeking the Terms of Reference (ToR) under the violation category for the medical college and hospital, which was placed in the State Expert Appraisal Committee – Tamil

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