An educational institution must obtain Environmental Clearance, and hospitals are not exempt from this requirement under the EIA Notification, confirming obligations for compliance with environmental laws.

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