Differential user charges for biomedical waste disposal based on facility type (bedded vs. non-bedded) are constitutionally valid as they rely on intelligible differentia (capacity) and exhibit a rational nexus to the regulatory necessity of ensuring systemic readiness, operational viability, and sustainable waste management.

ORDER :

Heard Mr. Vedula Srinivas, learned Senior Counsel representing Mrs. Vedula Chitralekha, learned counsel for the petitioners, Mr. N. Bhujanga Rao, learned Deputy Solicitor General of India appearing for respondent No.1. Mr. Zeeshan Adnan Mahmood, learned counsel for respondent No.4, learned Government Pleader for Environment, Science and Technology for respondent No.2, Mr. Kondapally Ravikrishnakanth, learned counsel for respondent No.3 and Mr. Shyam S. Agarwal, learned counsel for respondent Nos.5 to 15.

2. The present Writ Petition is filed under Article 226 of the Constitution of India challenging the validity of Guideline No. 14 issued by Respondent No. 3 – Central Pollution Control Board (CPCB) under the “Guidelines for Common Bio-Medical Waste Treatment and Disposal Facilities, 2025”, and the consequential Circular No. TGPCB/BMW/HO/2025-655 dated 04.06.2025 issued by Respondent No. 4 – Telangana Pollution Control Board (TGPCB).

3. The petitioners comprise of registered association of hospitals and its member healthcare facilities functioning in the State of Telangana, all of whom fall within the definition of “occupiers” under the Bio-Medical Waste Management Rules, 2016, framed under the Environment (Protection) Act, 1986 (for short ‘the Act, 1986’).

4. The CPCB, in exercise of its statutory powers, issued revised guidelines dated 12.04.2025 governing Common Bio-Medical Waste Treatment Facilities (CBMWTFs). Guideline No. 14 thereof provides for fixation of user charges payable by healthcare facilities, prescribing a differential methodology, charging non-bedded facilities on the basis of waste generation, while charging bedded hospitals on a “per bed per day” basis.

5. Pursuant thereto, Respondent No. 4 issued the impugned Circular dated 04.06.2025 fixing user charges in the State of Telangana by adopting the said differential mechanism, thereby requiring bedded healthcare facilities to pay charges on a per bed per day basis, irrespective of actual waste generated, while non-bedded facilities are charged differently.

6. The petitioners contend that such classification between bedded and non-bedded healthcare facilities, in the matter of levy of user charges, is arbitrary, lacks statutory backing, and imposes an unreasonable financial burden, particularly where occupancy rates are low.

7. Aggrieved by the said guideline and circular, the petitioners have approached this Court seeking a declaration that the same are discriminatory and violative of Article 14 of the Constitution of India, along with a consequential direction for uniform charging based on actual waste generation.

8. CONTENTIONS OF THE PETITIONERS

i. The impugned Guideline No. 14 issued by Respondent No. 3 and the consequential Circular dated 04.06.2025 issued by Respondent No. 4 are wholly arbitrary, unreasonable, and violative of Article 14 of the Constitution of India.

ii. The petitioners, being “occupiers” under the Bio-Medical Waste Management Rules, 2016, are statutorily obligated to ensure safe handling and disposal of bio-medical waste. However, neither the provisions of the Environment (Protection) Act, 1986 nor the BMWM Rules, 2016 confer any power upon the respondents to prescribe or enforce a differential pricing mechanism for collection and disposal of such waste.

iii. The primary grievance of the petitioners is directed against the classification introduced under Guideline No. 14, whereby bedded healthcare facilities are charged on a “per bed per day” basis, while non-bedded healthcare facilities are charged on the basis of actual waste generation. According to the petitioners, such classification is artificial, lacks intelligible differentia, and bears no rational nexus to the object sought to be achieved, namely safe and efficient disposal of bio-medical waste.

iv. The quantity of bio-medical waste generated by a healthcare facility is not dependent on the number of beds available, but on actual usage, patient inflow, and nature of medical procedu