NGT Directs Strict Enforcement of Bio-Medical Waste Management Rules and Jurisdictional Compliance in Madhya Pradesh - 2025-04-05

Laws, Courts & Judgments.

NGT Orders Stricter Enforcement of Bio-Medical Waste Rules, Resolves Jurisdictional Dispute Between Treatment Facilities

Bhopal, India – The National Green Tribunal (NGT), Central Zone Bench, Bhopal, has directed the Madhya Pradesh State Pollution Control Board (MPPCB) to ensure strict compliance with Bio-Medical Waste Management Rules, 2016, and to take stringent action against facilities violating authorization conditions. The order came in response to a petition filed by M/s Devis Surgico , a bio-medical waste treatment facility, against M/s VNS Solutions and the State of Madhya Pradesh, among others.

The bench, comprising Hon’ble Mr. Justice Sheo Kumar Singh (Judicial Member) and Hon’ble Dr. Afroz Ahmad (Expert Member), delivered the judgment on March 25, 2025, following a hearing on Original Application No. 102/2024(CZ).

Case Background: Allegations of Jurisdictional Encroachment

M/s Devis Surgico , operating a Common Bio-Medical Waste Treatment Facility (CBWTF) in Gwalior, filed the application alleging that M/s VNS Solutions, another CBWTF authorized for Datia and Sheopur districts, was encroaching upon their operational jurisdiction in Gwalior. Devis Surgico contended that VNS Solutions was misrepresenting to healthcare facilities in Gwalior that they were authorized to collect bio-medical waste from the district, violating both authorization conditions and Central Pollution Control Board (CPCB) guidelines.

Specifically, Devis Surgico highlighted that MPPCB had explicitly assigned Gwalior district to them and Datia and Sheopur to VNS Solutions in an office order dated June 15, 2023. Despite this, VNS Solutions allegedly began soliciting clients in Gwalior, falsely claiming authorization. The applicant argued that this violated CPCB guidelines, which mandate consideration of existing facilities' technical and economic feasibility before establishing new ones, especially when existing facilities have underutilized capacity.

Arguments Presented Before the Tribunal

Applicant (M/s Devis Surgico ): Advocate Mr. Shivanshu Singh argued that VNS Solutions was in clear violation of the authorization order and environmental norms by operating in Gwalior. He presented evidence of VNS Solutions issuing membership certificates to hospitals in Gwalior, a district exclusively allotted to Devis Surgico . He emphasized the underutilization of Devis Surgico 's existing capacity and the breach of CPCB guidelines regarding new CBWTF establishments.

Respondent No. 3 (M/s VNS Solutions): Advocate Mr. Shantanoo Saxena countered that the issue was merely a commercial dispute, not an environmental one. He argued that VNS Solutions had served hospitals in Gwalior that were not previously clients of Devis Surgico and that they operated within the rules. He claimed they had stopped collecting waste from Gwalior after MPPCB’s intervention.

State PCB (Respondent No. 2): Advocate Ms. Parul Bhadoria informed the Tribunal about the actions taken by MPPCB upon receiving the complaint from Devis Surgico . These actions included issuing letters to VNS Solutions to verify membership certificates and show-cause notices for alleged violations. MPPCB also issued closure directions to three Gwalior-based hospitals that had obtained memberships with VNS Solutions without proper authorization. The State PCB reiterated that area allocation orders were in place and actions were being taken to enforce them.

Joint Committee Report: Findings and Observations

Upon the Tribunal’s direction, a joint committee comprising representatives from CPCB and MPPCB inspected VNS Solutions' facility and submitted a detailed report. The committee found VNS Solutions to possess valid consent and authorization, adequate infrastructure for bio-medical waste treatment, and compliant emission control systems.

However, the committee corroborated Devis Surgico 's allegations, noting that VNS Solutions had indeed provided memberships to hospitals in Gwalior, outside their authorized area. The report highlighted that MPPCB had already initiated action against both VNS Solutions and the defaulting hospitals. The committee concluded that the dispute was more about "area distribution and mutual business competition" rather than a fundamental environmental concern, while still recommending adherence to jurisdictional boundaries.

Tribunal's Observations and Decision

The NGT bench acknowledged the arguments and the committee report. It emphasized that while the guidelines aim for effective bio-medical waste treatment, business interests cannot override environmental considerations. Quoting a previous NGT order, the bench reiterated that the primary concern is bridging gaps in compliance and ensuring effective treatment, not creating monopolies for existing facilities.

However, the Tribunal firmly asserted the necessity of adhering to the Bio-Medical Waste Management Rules, 2016, and the authorization conditions issued by the State PCB, including jurisdictional allotments. The bench noted the evidence of VNS Solutions issuing certificates in Gwalior and MPPCB’s actions against hospitals taking unauthorized memberships.

Key Directives Issued by NGT:

To Respondent Nos. 1 and 2 (State of Madhya Pradesh and MPPCB): Ensure strict compliance with consent and authorization conditions for all CBWTFs, including VNS Solutions. Take “necessary action according to rules in addition to imposition of environmental compensation” if violations are found.

To Respondent No. 3 (M/s VNS Solutions): Comply with MPPCB’s allotment orders and cease misrepresenting their operational area. Stop issuing “unlawful and illegal certificates” to facilities outside their jurisdiction and refrain from issuing certificates without actually disposing of bio-medical waste.

To State PCB: Take “necessary action according to rules” against entities issuing unauthorized certificates, in addition to the actions already taken against defaulting hospitals.

Implications of the Order

The NGT’s order underscores the importance of adhering to regulatory frameworks in bio-medical waste management and enforces the jurisdictional boundaries set by pollution control boards. It sends a clear message that while business competition is inherent, it cannot come at the cost of environmental compliance and regulatory violations. The MPPCB is now tasked with ensuring these directives are implemented, potentially leading to stricter monitoring and enforcement within the bio-medical waste management sector in Madhya Pradesh.

This judgment serves as a reminder for all CBWTF operators to operate within their authorized areas and for State PCBs to diligently enforce the Bio-Medical Waste Management Rules, 2016, to protect both public health and the environment.