The court emphasized strict compliance with bio-medical waste management norms, directing against unauthorized operations and underscoring environmental law precedence over business interests.

ORDER

1. This O.A. no. 102/2024(CZ) was heard on 20.03.2025 and it was reserved for orders. In the meantime on 23.03.2025 applicant had moved an I.A. No. 46/2025 for requesting re-hearing of the case on the point of argument on certain legal matter and further moved an application i.e. I.A. No. 47/2025 for urgent hearing in another application on 24.03.2025 for re-hearing of the case. This application has been listed today.

2. Heard Learned Counsel for the respondent no. 3 Mr. Shantanoo Saxena, Learned Counsel for the applicant Mr. Shivanshu Singh, Learned Counsel for the State PCB Ms. Parul Bhadoria and Learned Counsel for the CPCB. Mr. Yadvendra Yadav have also argued the matter highlighting the CPCB guidelines.

3. This application has been moved with the following prayer :-

i. “Directions be issued to Non-Applicant No. 1 & 2 to ensure compliance of the Consent-cum-Authorization conditions issued to Non-Applicant No.3 and in case the Non-Applicant No.3 is found to be violating its conditions, appropriate action by way of rejection of Authorization as well as imposition of penalty be done at the behest of Non-Applicant No. 1 & 2 against the Non-Applicant No.3.

ii. Stringent action be taken against the Non-Applicant No.3 M/s. V.N.S. Solutions for not only violating the Authorization-cum-Consent conditions but also misrepresenting that M/s. V.N.S. Solutions have authority to cater the Bio-Medical Waste even from the District of Gwalior.

iii. A ny other relief which the Tribunal deems fit may also be accorded in favour of the applicant.”

4. The grievance of the applicant is non-compliance of the Bio Medical Waste Management Rules, 2016 as amended by second amendment Rules 2019 by respondent no. 3 and the applicant has filed this application with the prayer to direct the respondent no. 1 and 2 to ensure the compliance of consent cum authorisation conditions issued to non-applicant no.3 in case of violating the conditions according to rules.

5. Notices were issued to the respondents who have filed the reply, which is on record. During the course of proceedings, this Tribunal constituted a joint committee to visit the site and submit the factual and action-taken report. The members of the committee visited the site and submitted the report. Heard the learning counsel for the parties and perused the record.

6. The contentions of the applicant are that the Applicant is a Partnership firm running a Common Bio-Medical Waste Treatment Facility since the Year 2019 having its Plant at Village Antari, District Gwalior. Previously the Applicant was granted coverage areas of 3 districts, namely Sheopur, Datia and Gwalior to collect, treat and dispose of Bio-Medical Waste by virtue of the initial Authorization which was later on changed by way of new authorization to only District Gwalior.

7. Thereafter, the Applicant was running its plant in accordance with the biomedical waste norms and the permission to the Applicant was renewed time again by the concerned department, but off lately one new CBWTF came into existence when they applied for Environmental Clearance to establish CBWTF by the name of VNS Solutions which is Non-Applicant No.3.

8. Irrespective of the fact that the Applicant’s CBWTF still has the capacity of catering and treating the bi