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Item No. 02

BEFORE THE NATIONAL GREEN TRIBUNAL

CENTRAL ZONE BENCH, BHOPAL

(Through Video Conferencing)

Original Application No. 22/2022 (CZ)

Dharmendra Gayakwad & Anr.

Applicant(s)

Versus

MPIDC Ltd. & Ors.

Respondent(s)

Date of Completion of Hearing and Reserving of Order : 03.08.2022

Date of Uploading of Order on the Website

: 23.08.2022

CORAM:

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

For Applicant(s):

Mr.Nishant Awana, Adv.

For Respondent(s) :

Mr. Enosh George, Adv.

Mr. Ravikant pPatidar, Adv.

Mr. Om Shankar Shrivastava, Adv.

Mr. Sachin K. Verma, Adv.

Ms. Parul Bhadoria,Adv.

Mr. Pavan Dwivedi, Adv.

ORDER

1.The issue raised in this application is non-compliance of the Bio-Medical Waste

Management Rules, 2016 as amended by 2^nd Amendment Rules, 2019 on the

following grounds :

i.

2

ii.

iii.

iv.

v.

vi.

vii.

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the directions issued vide letter at 09.12.2021.”

2.Biomedical Waste is one of the most hazardous waste generated in today’s time

and various state agencies have formulated various laws time and again with

necessary improvements so as to ensure that Bio-Medical Waste is treated and

disposed of properly so as to minimalize the pollution of environment by way of

Bio-Medical Waste pollutants. Initially, for treatment of Bio-Medical Waste, there

used to be captive incinerators but eventually with the passage of time when it

was realized that captive plants are difficult to monitor and can be one of the

major reasons attributable towards violation of the environmental norms, it was

formulated that there shall be establishment of common Bio-Medical Waste

treatment facilities throughout the nation. This was done majorly to limit the

number of bio medical waste treatment facility and disposal plants and to keep a

proper check and monitor over these by the concerned State Pollution Control

Boards as well as the Central Pollution Control Board.

3.It is submitted by the applicant that :-

“1. In the Chambal division more particularly with respect to Districts

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"8) Coverage area of CBWTF

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Section 3 (f) "bio-medical waste" means any waste, which is

Rule 17 Site for common bio-medical waste treatment and

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4.It is further submitted by the applicant that environmental rules are violated on the

grounds that :

“1. Guidelines issued by the Central Pollution Control Board "Revised

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Pollution Control Board.”

5.The matter was taken up by this Tribunal on 09.03.2022 and a committee

consisting one representative from Central Pollution Control Board, representative

from the MPSEIAA and the representative of the Madhya Pradesh Pollution Control

Board was constituted with the direction to submit the factual and action taken

report. The members of the joint committee visited the site and after inspection

submitted the report, which is as follows :-

“OBSERVATIONS:-

1.The Joint Committee has visited two sites of proposed CBWTF

M/s JRR Waste management Pvt. Ltd., Plot No. 22 & 23 GAA,

M/s VNS Solution, Plot No. 16 GAA

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during inspection are enclosed.

2.At present the jurisdiction of Regional office M.P. Pollution

M/s Devis Surgico, Gwalior (CBWTF)

Title of details

Description

Supporting

enclosure

(Annexure)

9

M/s JRR Waste Management Pvt. Ltd. Agra (CBWTF)

Title of details

Description

Supporting

enclosure

(Annexure)

BMW Authorization –

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M/s JRR Waste Management Pvt. Ltd. (CBWTF) Proposed

Title of details

Description

Supporting

enclosure

(Annexure)

Kg/Hr Autoclave –

was considered in 713^th

pending in the Hon‟ble

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M/s VNS Solution (CBWTF) Proposed

Title of details

Description

Supporting

enclosure

(Annexure)

was considered in 713^th

713^th

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9.

Sr.

No.

District

CTO

granted

bedded

HCFs

CTE

granted

bedded

HCFs

which are

operating

Non-

consented

bedded

HCF

which are

operating

Total

Total

23215

95