National Green Tribunal
S Sakthivel vs Ministry Of Environment Forest And ... on 1 December, 2021
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.14:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 190 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
S. Sakthivel, Salem.
...Applicant(s)
Versus
MoEF&CC,
Rep. by its Secretary to Govt.,
New Delhi and Ors.
...Respondent(s)
Date of hearing: 01.12.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. S. Saravanan.
For Respondent(s): Mrs. Renuka Devi represented
Mrs. H. Yasmeen Ali for R2.
Ms. J. Dayana represented
Mr. T. Sai Krishnan for R4.
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ORDER
1. As per order dated 27.08.2021, this Tribunal had directed the SEIAA, Telanagna and Telangana State Pollution Control Board to submit their respective reports regarding the allegations made in the application and it was originally posted to 24.09.2021 for that purpose. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 11.11.2021.
2. We have received the report submitted by the Telangana State Pollution Control Board dated 12.10.2021, e-filed on 18.10.2021 and received on 28.10.2021 which reads as follows:-
"REPORT OF THE TELANGANA STATE POLLUTION CONTROL BOARD (RESPONDENT No.4) IN OA NO. 190 OF 2021 FILED IN THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI BY S.SAKTHIVEL, ENVIRONMENTAL PROTECTION & ANTI-
POLLUTION GROUP, R/O.SALEM.
It is to submit that an Original Application was filed before the Hon‟ble NGT, Chennai by S.Sakthivel, Environmental Protection & Anti- Pollution Group, R/o. Salem alleging that the Medical Colleges have not obtained the Environmental Clearances and running the same against the Environmental Laws.
In this regard, the following is submitted: -
1) The MoEF&CC, Gol issued Environment Impact Assessment (EIA) Notification and its subsequent amendments. As per the provisions laid under para 2 of EIA Notification, 2006 & its subsequent amendments, the activities listed in the Schedule of the EIA Notification require prior Environmental Clearance. As per EIA Notification, 2006, the activity "Building or Construction projects or Area Development projects Page 2 of 10 & Township" with built up area more than 20,000 Sq.m require prior Environmental Clearance (EC) under 8(a) or 8 (b) of schedule.
2) It is to submit that Ministry of Environment Forest and Climate Change (MoEF&CC), Gol issued amendment to the EIA Notification vide S.0.3252 (E) dt. 22.12.2014 exempting Industrial Shed, School, Colleges, Hostel for educational Institution mentioned under 8(a) of Building Construction Projects. The Ministry subsequently issued clarification on exemption of educational institutions vide O.M dt.05.03.2015 and clarified that Industrial Shed, School, Colleges, Hostel for educational Institution mentioned under 8(a) of Building Construction Projects are exempted, but in case of medical universities/institutes the component of Hospitals will continue to require prior Environment Clearance.
3) The Respondents No. 5, 6, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 & 23 have established Medical Institute and Hospital prior to EIA Notification 2006, dt.14.09.2006.
4) The Respondent No. 25 i.e., M/s. Kamineni Hospitals Pvt.
Ltd., Mansoorabad (V), Saroornagar (M), RR District was established subsequent to EIA Notification 2006, with built up area of more than 20,000 Sq Mts. The Hospital of the Respondent No. 25 has obtained Environmental Clearance from State Environment Impact Assessment Authority (SEIAA) vide order dated 25.10.2013 and also obtained Consent under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act 1981 and Authorization under the Bio-medical Waste Management Rules, 2016.
5) Further, the Respondents No. 9, 12 & 24 established after EIA Notification, 2006 are operating Medical Institute and Hospital with built up area of 9104 Sq. mtrs, 13,540.9 Sq. Mtrs. & 18749 Sq. Mtrs respectively which are less than 20000 sq. Mtrs and does not attracts the provisions of EIA Notification No. S.O. 1533 dated 14„ September 2006 and its subsequent amendments.
6) Further, the Health Care Facilities pertaining to the Respondents No.5 to 25 are obtaining consents required under Water (Prevention & Control of Pollution) Act 1974 & Air (Prevention & Control of Pollution) Act 1981 and also obtaining Authorization under the Bio-Medical Waste Page 3 of 10 management Rules, 2016 from time to time. The status of respondents are enclosed as Annexure-A. Page 4 of 10 Page 5 of 10
3. The SEIAA, Telangana also filed a report dated 23.09.2021 through their Member Secretary, e-filed on 18.10.2021 and received on 28.10.2021 which reads as follows:-
"Report on OA No: 190 of 2021 filed in the Hon'ble NGT, Chennai by Sri S. Sakthivel, Environmental Protection & Anti- Pollution Group, Alagu Vinayakar Kovil Street, Fairlands, Salem, Tamil Nadu w.r.t. for not obtaining Environmental Clearances to the Hospitals attached to Medical Universities / Institutes.
In this regard the following is submitted:
Earlier, the MoE&F,GoI issued EIA Notification vide S.0.60(E) dt.27.01.1994 and it „was in force upto issue of EIA Notification vide Page 6 of 10 S.0.1533 (E) dt.14.09.2006. It can be noted that Building Construction Projects such as Medical Colleges, Hospitals were not listed in the schedule of EIA Notification, 1994 and does not require prior EC.
Subsequently the MoEF&CC, Gol issued Environment Impact Assessment Notification (ELA) Notification and its subsequent amendments. As per the provisions laid under para 2 of EIA Notification, 2006 & its subsequent amendments, the activities listed in the Schedule of the EIA Notification require prior Environmental Clearance. As per EIA Notification, 2006, the activity "Building or Construction projects or Area Development projects & Township" with built up area more than 20,000 Sq.m. require prior Environmental Clearance (EC) under 8(a) or 8 (b) of schedule.
The criteria mentioned for Construction projects in the EIA Notification which require prior EC from the SEIAA is as follows:Page 7 of 10
In this regard, it is informed that the MoEF&CC, Gol issued amendment to the ELA Notification vide S.0.3252 (E) dt. 22.12.2014 exempting Industrial Shed, School, Colleges, Hostel for educational Institution mentioned under 8(a) of Building Construction Projects. The Ministry subsequently issued clarification on exemption of educational institutions vide O.M. dt.05.03.2015 and clarified that Industrial Shed, School, Colleges, Hostel for educational Institution mentioned under 8(a) of Building Construction Projects are exempted, but in case of medical universities/institutes the component of Hospitals will continue to require prior Environment Clearance.
Further, it is to submit that as per the records, the respondent No. 25 i.e., M/s. Kamineni Hospital Pvt. Ltd, Sy. No. 68 (P), Mansoorabad (V), Saroornagar (M), Rangareddy District has obtained prior EC from the SEIAA, AP (Combined state) vide order dated 25.10.2013, for establishment of Medical College & Hospital. (ANNEX URE 2) However, any Health Care Establishment / Hospital falls under the Bio- Medical Waste (Management & Handling) Rules,1998 & its Amendments. The Telangana State Pollution Control Board is enforcing authority for implementation of Bio-Medical Waste (Management & Handling ) Rules."
4. Quite unfortunately, reports are not clear as to whether after establishment of medical colleges, any expansion has been done after 2006 Notification and if so, whether any Environmental Clearance (EC) has been obtained for the expanded purpose. Further, it is also not clear from the reports as to whether Consent etc. obtained are periodically renewed and as on date, whether they are strictly complied with the environmental norms.
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5. So under such circumstances, we feel that it is better to admit the matter and issue notice to the respondents, so that we will get a clear picture about the violation (if any) committed by any of the institutions and further action taken in this regard. So, the matter is admitted.
6. The applicant is directed to produce necessary requisite before this Tribunal along with postal covers and postal stamps within a week so as to enable this Tribunal to send notice to the respondents through Tribunal to ensure service on them, so as to proceed against them, if they did not appear, in their absence in accordance with law.
7. In the meantime, the regulators are also directed to file detailed statements regarding allegations made in the application and if there is any violation found, what is the nature of action taken by them etc.
8. They are directed to file their respective statements to this Tribunal on or before 24.01.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
9. The Registry is directed to communicate this order to the official respondents by e-mail for their information and compliance of the direction.
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10. For appearance of parties and completion of pleadings, post on 24.01.2022.
Sd/-
........................................J.M. (Justice K. Ramakrishnan) Sd/-
........................................E.M. (Dr. Satyagopal Korlapati) O.A. No.190/2021 (SZ), 01st December, 2021. Mn.
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