National Green Tribunal
Mr. Prabhakar Rai vs Union Of India on 25 May, 2022
Item No.3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Appeal No. 06/2022
(I.A. No. 29/2022)
Prabhakar Rai & Ors. Appellants
Versus
Union of India & Ors. Respondents
Date of hearing: 25.05.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Appellant: Mr. Abhishek Yadav and Mr. Saurash Yadav,
Advocates
Respondent: Mr. Pradeep Mishra, Advocate for UPPCB
ORDER
1. The grievance in the present appeal is regarding a Common Bio- Medical Waste Treatment and Disposal Facility (CBWTF) which is stated to have been allowed to be set up in contravention of the guidelines for sitting criteria at Arazi No.1006 falling in Village Paharpur, Post - Gotha Rasoolpur, Tehsil and District Deoria, UP. It is submitted that the Environment Clearance has been granted without fulfilling the prerequisites provided in the "Revised Guidelines for Common Bio- medical Waste Treatment and Disposal Facility" dated 21.12.2016 issued by CPCB. The activity proposed by the project proponent is a hazardous activity and being established near to human habitation. The Unit is in close proximity of less than 50 meters from the Primary Health Centre, 1 ANM Centre and is at 100 meters from the house of the Appellant No.1 and other residents of the Village.
2. Vide order dated 18.02.2022, this Tribunal constituted a Joint Committee comprising of SEIAA, State PCB and District Magistrate- Deoria, Uttar Pradesh to visit the site, look into the grievances of the appellant and submit factual and action taken report.
3. In pursuance thereof the Joint Committee has submitted report vide email dated 17.05.2022. In its report the Joint Committee has made the following observations:-
"Action taken report
1. In Compliance of said order, U.P. Pollution Control Board (UPPCB) constitute a committee comprising of Member Secretary, SEIAA, District Magistrate Deoria and Regional Officer, Regional Office, U.P. Pollution Control Board, Gorakhpur vide letter no. H 72699/C-6/SA-658/2022, dated 11.03.2022. Copy of the said letter is annexed as annexure-
01.
2. Member Secretary, SEIAA, U.P. Nominated Sri Umesh Chandra Sharma, Member SEAC-1 as member of Joint Committee vide order no. 1085/Pra/A.No. 06 of 2022/22 dated 21.03.2022. Copy of the said order is annexed as annexure-02
3. In compliance of order, Joint Committee visited the site of proposed CBWTF situated at Arazi No. 1006 falling in village- Paharpur, Post- Gotha Rasoolpur, Tehsil & District- Deoria, U.P. on dated 04.04.2022. Nominated Joint Committee Member, SEIAA, UP Sri Umesh Chandra Sharma, was not present during site visit of proposed CBWTF.
4. In Compliance of said order, a meeting of Members of Joint Committee as mentioned in order was held on 05.04.2022 in Chairmanship of District Magistrate, Deoria. Proceeding of the meeting and site inspection report is enclosed as annexure-03.
5. As per site inspection report of Joint Committee, Distance of Primary Health Centre (Presently nonfunctional) from the proposed CBWTF is 166 meter.2
6. As per site inspection repot Joint Committee, Distance of nearest habitat/Population from proposed CBWTF is 184 meter.
7. A conditional consent to establish (CTE) for in question proposed CBWTF has been issued by UPPCB vide Letter No. 5008/UPPCB/Gorakhpur(UPPCBRO)/CTE/Deoria/2021, Dated 05.01.2022
8. State Level Environment Impact Assessment Authority, UP has issued Environment clearance Vide Letter No. MOEF&CC Proposal No-SIA/UP/MIS/55933/2021 & SEIAA, UP File No. 5790 Dated 03.12.2021
9. Point No. 6 (b) of Revised Guidelines for Common Biomedical Waste Treatment & Disposal Facility Dated 21.12.2016 of Central Pollution Control Board (CPCB), describes Location criteria of a CBWTF. As per Point 6 (b) of Location criteria a CBWTF can be located at a place reasonably for away from notified residential and sensitive areas and should have a buffer distance of preferably 500 m so that it shall have minimal impact on these areas. In case of non-availability of such a land the buffer zone distance from the notified residential area may be reduced to less than 500 m by SPCB/PCC without referring the matter to CPCB by prescribing additional control measures such as :-
a. adoption of best available technologies (BAT) by the proponent of CBWTF;
b. prescribing stringent standards for operation of the CBWTF by the SPCB/PCC;
c. Adoption of zero liquid discharge by the CBWTF; and d. In case of any complaints from the public, then CBWTF should prove that the facility is not causing any adverse impact on environment and habitation in the vicinity. If SPCB/PCC is not in a position to resolve the issue relating to buffer zone while selecting the site for CBWTFs, in such a case, SPCBs/PCCs may refer the matter to CPCB.
10. A conditional CTE to in question proposed CBWTF has been issued by UPPCB taking into consideration the provisions described in point no. 6 (b) of Revised Guidelines for Common Biomedical Waste Treatment & Disposal Facility dated 21.12.2016 of CPCB. In point no. 33 of CTE Dated 05.01.2022 issued by UPPCB to proposed CBWTF it has been clearly mentioned that concealing factual data or 3 submission of false/fabricated data and failure to comply with any of the conditions mentioned in CTE may result in withdrawal of this CTE and attract action under the provisions of Law.
11. Precautionary special conditions has been imposed in the Environmental Clearance issued by SEIAA. UP and Consent to Establish issued by UPPCB with respect to the buffer zone as mentioned in the Revised Guidelines for Common Bio- Medical Waste Treatment and Disposal Facility Dated. 21.12.2016 of CPCB.
12. As no CBWTF was operational in the District- Gorakhpur, Deoria, Kushinagar and Maharajganj, hence in the light of Bio-Medical Waste Management and COVID-19 BMW in aforesaid districts, subjected CBWTF was allowed to establish. "
4. The Member Secretary, SEIAA along with RO, UPPCB visited the site on 28.04.2022 and submitted report vide email dated 05.05.2022 mentioning that house of Mr. Prabhakar Rai is situated at the distance of 184 meters, Primary Health Center (in dilapidated condition) and Community toilets are situated at the distance of 166 meters and residential areas of Villages Bagwanpur, Surchak and Dhanauti Rajdiha are situated at the distance of 1.5 KMs, 1.0 KM and 2.0 KM respectively from the proposed CBWTF.
5. Learned Counsel for the appellant have submitted that the Project Proponent was granted environmental clearance by SEIAA on 25.10.2021 inter alia with the condition that CBWTF project shall comply with the revised guidelines issued by CPCB on 21.12.2016 with respect to location criteria. Conditions for relaxation of the location criteria have been specifically mentioned in point 6 (b) of the above said guidelines. While granting conditional consent to establish to the proposed CBWTF, no reason has been assigned by UPPCB for relaxation of the location criteria. Simply because there is no CBWTF in the area does not by itself justify relaxation of the location criteria. There is no mention as to how 4 the issue relating to buffer zone was resolved while selecting the site for CBWTF. At the time of inspection of the site by the Joint Committee, the villagers claimed that no public hearing was given regarding establishment of the CBWTF. Therefore, the environmental clearance and consent to establish are liable to set-aside.
6. The averments made in the appeal raise substantial questions relating to environment and validity of environmental clearance and consent to establish granted to the proposed CBWTF.
7. The Project proponent has been notified about these proceedings by the Joint Committee and has also filed reply through email dated 02.05.2022.
8. Mr. Pradeep Mishra, Advocate has appeared on behalf of respondent no. 4-UPPCB. On being questioned regarding status of the project learned Counsel for respondent no. 4-UPPCB has submitted that CTO is yet to be issued. Reply specifically responding to all material averments made in the appeal be filed by respondent no. 4-UPPCB within one month.
9. Let notices be also issued to respondents no. 1 to 3 requiring them to file replies specifically responding to all material averments made in the appeal within one month.
10. The appellant is directed to take requisite steps for service of notices on the respondents No.1 to 3 and file affidavit regarding the same by email at [email protected] within seven days.
11. List the matter for further consideration on 29.08.2022. 5
12. In the meanwhile, environmental clearance and consent to establish for the project shall remain in abeyance and the Project Proponent shall not take any further steps for establishment/operation of the CBWTF.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 25, 2022 Appeal No. 06/2022 AG 6