Back
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Rajeev Nayan Tripathi – Appellant
Versus
State of Madhya Pradesh – Respondent
Original Application No.65/2024(CZ)|I.A.No.96/2024|I.A.No.116/2024|I.A.No.125/2024
| Table of Content |
|---|
| 1. bio-medical waste storage violations causing health risks. (Para 1 , 2 , 3) |
| 2. multiple inspection reports confirm incinerator and compliance lapses. (Para 4 , 5 , 7 , 8) |
| 3. project proponent claims compliances; committee verifies ongoing violations. (Para 6 , 9 , 10 , 11 , 14 , 15) |
| 4. pcb justifies closure; prior cpcb penalties unpaid. (Para 12 , 13 , 16 , 17 , 18) |
| 5. court finds persistent non-compliance in waste handling. (Para 19 , 20) |
| 6. cpcb guidelines mandate cbwtf standards, buffer zones, ec. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. apply sustainable development, precautionary, polluter pays principles. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 8. strict liability for hazardous activities like bmw disposal. (Para 35 , 36 , 37 , 38 , 39) |
| 9. impose compound interest, restitution for environmental violations. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57) |
| 10. punitive action, ec payment, closure till compliance. (Para 58 , 59 , 60 , 61) |
ORDER
1. The issues raised in this applications are the violation of Bio-Medical Waste Management Rules by M/s Indo Water Management and Pollution Control Corporation at Badkheda, Tehsil Uchehara District Satna where the Bio Medical Waste are stored for months and are not disposed within a time frame prescribed in the rules, causing infection and spreading the various kind of disease among the local residents
2. A factual and action taken report was called by this Tribunal and in compliance of the order, the State Pollution Control Board has filed the report, which is on record.
3. The report reveals the violations on the point of incinerator and it has been narrated that :-
i. The incinerator is of very old technology and it does not even have a bag house to control air pollution and the biomedical waste was being fed manually, hence there is a need for up gradation in this incinerator or modern Technology incinerator should be installed.
ii. Where unloading of biomedical waste that it should be in covered shed.
iii. Sufficient height of the Boundary walls should be constructed remaining area of the premises.
iv. One stand-by incinerator should be install at the time of any maintenance of the present incinerator.
4. In the meantime, on assembly question, the State PCB has constituted an independent team to submit the report. There are two reports. With regard to second report, the PCB has submitted that considering the aspect of verifying the monitoring compliance by the CBWTF, the Technical Section of the MPPCB had referred the matter to the ERC Officer of the board to examine the allegations of non-compliances by the CBWTF.
5. It is further submitted that for lack of coordination, two reports have been filed which has been submitted to the Tribunal. The inspection report dated 28.05.2024 has highlighted various lapses on part of the CBWTF and show-cause notice was issued under Section 33 of the Water (Prevention and Control of Pollution) Act, 1974. Reasons have been submitted that an assembly question vide Sl. No. 171 was raised in the assembly and the board was directed by the higher authorities to submit the correct report. Since, the State PCB is statutory body and responsibility to implement the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and implement the environmental rules are with the State PCB, thus, being statutory body, the State PCB is at liberty to inspect the unit when it is required.
6. The matter was again taken up by this Tribunal on 20.11.2024 on an application/I.A. No. 116/2024 moved by the project proponent, the matter was considered and this Tribunal observed as follows :-
i. In light of the above facts, the applicant has moved an interim application No. 116/2024 with the prayer to permit its operation on the ground of following compliances which has been given in the chart as below:-
| S.NO | OBJECTIONS BY PCB | DETAIL EXPLANATION BY CBWTF |
| 1. | MANUAL FEEDING BY RESPO | |
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
