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. It is stated that the Appellants’ Hospital was called for hearing on 28.03.2023 for violation of the Bio-medical Waste Rules, 2016, and thereafter the impugned order was passed.

7. The findings recorded by the West Bengal Pollution Control Board are mentioned in the impugned order itself and have been quoted in para 7 of the Memo of Appeal which read as under:-

“(a) Waste bins were not observed under any bed in any sections.

(b) The BMW bins were observed to be provided with wrongcoloured plastic bags in many cases.

(c) The bins were also observed to be filled with the wrong type of BMW.

(d) Proper segregation of BMW at the source is not followed by the unit.

(e) No proper storage place for storage of BMW was observed during inspection.

(f) The storage place which is used to store BMW was observed to have large openings on the upper side. The place had no floor washing facility.

(g) Plastic bags full of BMW were found to be scattered in front of the BMW storage place of the unit. Plastic bags full of BMW were also found to be lying in other open places in the said area. Dried up stains of blood/body fluid were also noticed on road near the said place.

(h) In many cases, needles were observed discarded without destruction, one needle cutter (electrical) was observed in the entire hospital.

(i) No covered and levelled trolleys are used for intramural transportation of BMW from the source of generation.

(j) No proper cell has been allotted for the proper management of BMW. Staffs are not properly aware regarding segregation of BMW. No record of training of the staff could be shown during inspection.

(k) The unit has no Effluent Treatment Plant (ETP). Effluent is directly discharged into municipal drain.

(l) Proper records are not maintained by the unit for BMW generation and disposal.

(m) Annual report & Monthly report could not be shown during inspection.

(n) The Consent to Operate and the Bio-Medical Waste Authorization of the HCU is valid upto 31.12.2026.

(o) The unit has started construction for its 3rd floor for additional ICCU & Cabins without obtaining Consent to Establish from the State Board.”

8. The Inspection Report reads as under:-

9. The Appellants in their reply affidavit dated 03.10.2023 have denied the allegations and the findings recorded in the Report of the West Bengal Pollution Control Board. The case of the Appellants as made out in para 4 of their reply affidavit is as under:-

“(a) There is ward wise bins in all sections.

(b) All the bins are provided with colored plastic bags as per norms only if there were any deficiency found it would have been one of odd case due to deficiency from group D staff which the appellants have already taken care. Corrective majors were taken.

(c) proper segregation of BMW is done at all sources and necessary follow up is