Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4402

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

Environmental regulations mandate prior Environmental Clearance and Consent to Operate for hospitals, and failure to obtain these constitutes a violation that necessitates compensation for ecological damage.

Headnote:(A) Environmental (Protection) Act, 1986 - Sections 19 and 38 - EIA Notification, 2006 - Consent to Establish - Environmental Clearance - The 4th Respondent operated a medical college and hospital without obtaining mandatory prior Environmental Clearance and Consent to Operate, violating environmental regulations. The Tribunal directed the computation of environmental compensation amounting to Rs.3,38,40,000/- for the violations identified. (Paras 30, 49, 51)

(B) Environmental Regulations - Hospital component and educational institutions - Exemption from Environmental Clearance applicable only to educational institutions, not hospitals. The applicant's concern over environmental violations necessitated the Tribunal’s intervention to uphold compliance with laws protecting public health and the environment. (Paras 31, 32)

Facts of the case:
The applicant, represented by the society, alleged ongoing environmental violations by the 4th Respondent, which commenced operations without requisite clearances, leading to public health risks due to improper waste management and effluent disposal. (Paras 1-6)

Findings of Court:
The Tribunal recognized the continuation of operations as non-compliant, directing the SEIAA to calculate and recover environmental compensation and implementing a remediation plan for ecological damage. (Paras 49, 51)

Issues: Whether the 4th Respondent obtained necessary clearances for operating the medical college and hospital. The Tribunal underscored the need to comply with the EIA Notification, specifically addressing the non-exempt status of the hospital component. (Paras 29, 32)

Ratio Decidendi: The court affirmed that the exemption from prior Environmental Clearance does not extend to hospitals within educational institutions and emphasized accountability for environmental harm stemming from violations. Compliance remains paramount for health and environmental safety. (Paras 30, 32)

Result: The Original Application was disposed of with directions to compute and recover compensation from the 4th Respondent for the environmental violations committed.

Table of Content
1. environmental violations by 4th respondent (Para 1 , 2 , 3 , 4 , 5 , 6)
2. applicant seeks action against environmental violations (Para 7 , 11 , 12)
3. eia procedures and implications discussed (Para 8 , 9 , 10 , 13 , 14)
4. obligation to obtain environmental clearance (Para 29 , 30 , 31 , 32 , 33)
5. judicial precedents on environmental clearance (Para 37 , 38 , 39)
6. implications of ongoing operations without approval (Para 45 , 46 , 47 , 48)
7. directions for compliance and compensation recovery (Para 49 , 50 , 51 , 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 a

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