Andhra Pradesh High Court - Amravati
M/S. Cbwtf Association Of Andhra ... vs Union Of India on 7 September, 2022
HON'BLE SRI JUSTICE A.V.SESHA SAI
AND
HON'BLE SRI JUSTICE V.SRINIVAS
W.P.No.22195 of 2022
ORDER:(per AVSS,J)
1. This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:
"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the A.P.State Pollution Control Board, the 2nd Respondent herein in its meeting of the CFE and CFO Committees held on 28.06.2022 and 13.07.2022 without noticing the object and purport of the representations of the stakeholders and Statutory Authorities is arbitrary, illegal, highhanded, capricious and violate the fundamental rights reflected to the members of the Petitioners Association under Article 14, 19(1)(g) and 21 apart from being ultravires of the provisions of the Environment (Protection) Act, 1986 Bio-Medical Waste Management Rules, 2016, and also the statutory guidelines of Central Pollution Control Board 2016 and the principles of natural justice and fair play and consequently direct the respondents to strictly adhere to the provisions of Revised Guidelines framed by the Central Pollution Control Board New Delhi for Common Bio Medical Waste Treatment and Disposal Facility under the Bio Medical Waste Management Rules, 2016 in exercise its power under the Environment Protection Act, 1986 and thereby to be in tune with the letter and spirit of the Revised Guideli+nes for the Common Bio Medical Waste Treatment and Disposal Facilities as approved by the Central Pollution Control Board 2016 and the other relevant environmental laws and pass and pass such other orders."
2. According to the petitioner, it is a Society, registered under the provisions of the Andhra Pradesh Societies Registration Act, 2001, and it is promoted by its members with various objects including the object of providing awareness, knowledge and guidance to proper management of Bio-Medical Waste AVSS,J & SV,J W.P.No.22195 of 2022 2 throughout the State of Andhra Pradesh in the interest of the environmental protection activity, as envisaged in the Memorandum of Association of the petitioner. The common Bio-Medical Waste Treatment and Disposal Facilities are governed by the provisions of the Bio-Medical Waste Management Rules, 2016, framed under the provisions of the Environment (Protection) Act, 1986, and the revised guidelines for Common Bio-Medical Waste Treatment Facility issued by the Central Pollution Control Board.
3. The prospective entrepreneurs, who propose to establish their facilities are required to secure the Environmental Clearance from the Ministry of Environment, Forest, Climate change, Government of India for category-II Industries through the State Level Environment Impact Assessment Authority and apart from the same, the proponent is also to obtain consent for establishment and consent for operations under the Water (prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
4. The Central Pollution Control Board, issued revised guidelines on 21.12.2016. The Andhra Pradesh Pollution Control Board, vide circular No.APPCB/BMW General/2019, AVSS,J & SV,J W.P.No.22195 of 2022 3 dated 19.05.2019, issued guidelines for Common Bio-Medical Waste Treatment and Disposal Facilities and according to the petitioner, they are in conflict with the Central Pollution Control Board revised guidelines of 2016 and according to the petitioner, a representation was submitted highlighting the same.
5. A counter affidavit deposed by the Member Secretary, Andhra Pradesh Pollution Control Board-2nd respondent, is filed. Para Nos.11.3 and 12.3 read as under:
"11.3 During the meeting no discussions were made regarding cancellation of CFE's issued to new CBWTFs. The issue of next Board meeting. In the meantime let us follow CPCB revised guidelines 2016 on CBWTs which are mandatory.
12.3 The Hon'ble High Court while disposing the W.P.No.9437 of 2019 on 22.06.2022 has placed that AP Pollution Control Board is contemplating to review the guidelines and a decision will be taken by the Board shortly, beyond that nothing. The Board is the highest body under the Parliamentary Legislation and will take it decision in the ensuing Board meeting."
6. Having regard to the above averments made in para Nos.11.3 and 12.3 of the counter affidavit of the 2nd respondent-Member Secretary, this Court deems it appropriate to dispose of the Writ Petition, by placing the aforesaid averments on record and also with a liberty to all the stakeholders to make appropriate representations to the respondents, so as to enable the respondents to take suitable AVSS,J & SV,J W.P.No.22195 of 2022 4 action in the matter. As the counter also states that a decision will be taken in ensuing Board meeting, this Court deems it appropriate to further direct the respondents to arrange a Board Meeting, for taking action in the matter, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.
7. For the aforesaid reasons, the Writ Petition is disposed of. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending shall stand closed.
_________________________ JUSTICE A.V.SESHA SAI ______________________ JUSTICE V.SRINIVAS Date:07.09.2022 Note:
Issue CC in a week.
B/o VSL AVSS,J & SV,J W.P.No.22195 of 2022 5 HON'BLE SRI JUSTICE A.V.SESHA SAI AND HON'BLE SRI JUSTICE V.SRINIVAS WRIT PETITION No.22195 of 2022 07.09.2022 VSL