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2023 Supreme(Online)(NGT) 5055

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
MS HLG MEMORIAL HOSPITAL PVT LTD – Appellant
Versus
WEST BENGAL POLLUTION CONTROL BOARD – Respondent


JUDGMENT

JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

Heard the learned Counsel for the parties and perused the documents on record.

2. The Appellants in the present Appeal are seeking quashing of the order dated 29.05.2023 passed by the Chief Engineer, Operation and Execution Cell, West Bengal Pollution Control Board, imposing a penalty of Rs. 2,00,000/- (Rupees Two Lakhs only) against the Appellants and further directing the Appellants to execute a Bank Guarantee of Rs. 5,00,000/- (Rupees Five Lakhs only).

3. It is stated that the Appellant’s Unit is a 101 Bedded Private Super Speciality Hospital located in a G+3 storeyed building at Sen Raleigh Road, Asansol, and is providing medical services to indoor and outdoor patients and is stated to be operational for more than 10 years.

4. It is stated that the Appellants’ Hospital has also been requisitioned by the Government of West Bengal as a COVID Hospital for management of COVID-19 patients.

5. It is further stated that on 30.11.2012, an Inspector from the West Bengal Pollution Control Board inspected the Appellants’ Hospital and made certain observations that the Hospital in question was operating in violation of environmental norms.

6. I

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