National Green Tribunal
Environment Protection And Anti ... vs The Government Of Tamilnadu Rep By Its ... on 1 December, 2021
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 62 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Environment Protection and
ANTI Pollution Group Trust
... Applicant(s)
Versus
Union of India 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. Saisyaam represented
Mrs. Rita Chandrasekar.
For Respondent(s): Mr. Meyyappan represented
Mrs. Me. Saraswathy for R1 & R5.
Dr. D. Shanmuganathan for R2 to R4.
Dr. D. Shanmuganathan represented
Mr. S. Sai Sathya Jith for R7.
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ORDER
1. As per order dated 07.07.2021, this Tribunal had considered the earlier orders and also considered the report submitted by the Integrated Regional Office of the MoEF&CC, Chennai dated Nil, e-filed on 30.06.2021 which was extracted in Para (6) of the order and then, passed the following order:-
"7. It is only mentioned in the report that the Tamil Nadu Pollution Control Board has filed a complaint under Environment (Protection) Act, 1986 before the Judicial Magistrate Court, Salem against M/s. Vinayaka Mission Super Speciality Hospital and M/s. Annapoorana Medical College, Hospital, Sankari Main Road, Veerapandi, Salem District.
8. As regards the other Institutions are concerned, it is not mentioned as to when these authorisations were obtained etc. They have also mentioned that certain Institutions do not require authorisation under Bio- Medical Waste Management Rules, 2016. But they have not given any details regarding the nature of activities that are being carried on by them and whether there is any possibility of generation of Medical Waste or other wastes for which permission is required has not been mentioned, except making sweeping statement stating no Bio-Medical Waste is generated by them.
9. The Tamil Nadu Pollution Control Board (TNPCB) is also directed to file a detailed report regarding the nature of activities that are being carried out in respect of Institutions where the Ministry of Environmental Forests and Climate Change (MoEF &CC) said that authorisation under the Bio-Medical Waste Management Rules, 2016 is not required.
10. The Tamil Nadu Pollution Control Board (TNPCB) is also directed to come with the report as to when these authorisations were obtained by them whether it is pursuant to the directions given by the Principal Bench of National Green Tribunal in one of the matters pending Page 2 of 10 before that Bench in respect of implementation of BioMedical Waste Management Rules, 2016 in Pan India basis and if that be the case whether those directions were strictly complied with by the Tamil Nadu Pollution Control Board (TNPCB) in respect of issuance of authorisation as required under said rules and in compliance with the directions issued by the Principal Bench of National Green Tribunal.
11. The applicant is also at liberty to file their objections, if any, to the report submitted by the Ministry of Environment, Forests and Climate Change (MoEF & CC), Integrated Regional Office, Chennai and also to the affidavit filed by the Ministry of Environment, Forests and Climate Change (MoEF & CC).
12. The above officials are directed to submit their further action taken report in view of the above observations made on or before 11.08.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
13. The Registry is directed to communicate this order to the official respondents including Regional Office of Ministry of Environment, Forests and Climate Change (MoEF &CC), through e-mail immediately, so as to enable them to comply with the direction."
2. The case was originally posted to 11.08.2021 for appearance of parties and also for consideration of further action taken report. It was again taken up on 02.09.2021 and on that date, after considering the order passed on 07.07.2021, this Tribunal had passed the following order:-
"3. The case was originally posted to 11.08.2021. Thereafter, it was adjourned to today by notification.
4. The State Pollution Control Board as well as the MoEF&CC have not filed their report as directed by this Tribunal.
5. When this was pointed out, the learned counsel appearing for the MoEF&CC submitted that they want two weeks time to file the report as directed by this Tribunal.Page 3 of 10
6. Considering the circumstances, we feel that some more time can be granted to the MoEF&CC as well as to the State Pollution Control Board to file their report.
7. They are directed to submit their respective reports to this Tribunal on or before 24.09.2021 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.
8. The Registry is directed to communicate this order to the MoEF&CC, Integrated Regional Office, Chennai and the Chairman, Tamil Nadu Pollution Control Board by e-mail immediately so as to enable them to comply with the direction."
3. The case was posted to 24.09.2021 for consideration of further report. 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.
4. We have received the action taken report submitted by the Tamil Nadu Pollution Control Board dated 09.09.2021, e-filed on 15.09.2021 and received on 16.09.2021 which read as follows:-
"ACTION TAKEN REPORT FILED BY THE TAMIL NADU POLLUTION CONTROL BOARD I, Tmt. R.Sarasavani, D/o. Raghavan, Hindu, aged about 56 years, having my office at No. 76, Mount Salai, Guindy, Chennai - 600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-600 032, and I am filing this Action Taken Report on behalf of the Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case from the records
2. It is submitted that the Hon'ble NGT (PB) has passed order dated 07.07.2021 and directed inter alia that:Page 4 of 10
"Para 9:The Tamil Nadu Pollution Control Board (TNPCB) is also directed to file a detailed report regarding the nature of activities that are being carried out in respect of Institutions where the Ministry of Environmental Forests and Climate Change (MoEF &CC) said that authorization under the Bio-Medical Waste Management Rules, 2016 is not required.
Para 10: The Tamil Nadu Pollution Control Board (TNPCB) is also directed to come with the report as to when these authorizations were obtained by them whether it is pursuant to the directions given by the Principal Bench of National Green Tribunal in one of the matters pending before that Bench in respect of implementation of Bio Medical Waste Management Rules, 2016 in Pan India basis and if that be the case whether those directions were strictly complied with by the Tamil Nadu Pollution Control Board (TNPCB) in respect of issuance of authorisation as required under said rules and in compliance with the directions issued by the Principal Bench of National Green Tribunal"
5. It is respectfully submitted that, there are 8 medical/dental colleges in Salem district, out of which the nature of activity of the 2 private medical colleges which are reported as not generating Bio medical waste are as follows:
a. M/s. Penang International Dental College - A Vinayaga Mission Research Foundation The unit of M/s. Penang International Dental College / Vinayaga Mission Research Foundation located at S.F.No. 97/2A2(P) etc, Veerapandi Village, Salem South Taluk, and Salem District is a dental college involving only with course handling theory coaching and no practical coaching carried for the students. No trade effluent and No Bio Medical waste are generated from their premises. The unit has obtained consent to operate vide proc dated: 26.07.2019 valid for the period upto 31.03.2029. BMW authorization is not required since it is an educational institution and no bio medical waste is generated in the institution.
b. M/s. Sivaraj Naturopathy and Yoga Medical College The unit of M/s. Sivaraj Naturopathy and Yoga Medical College located at SF No. 42/1, Thumbathulipatti Village, Salem West Taluk Page 5 of 10 and Salem District is an existing Naturopathy and Yoga Medical College offering naturopathy and yoga course to students. No trade effluent and no Bio Medical waste are generated from their premises. The unit has obtained consent to operate vide proc dated: 23.11.2019 valid for the period upto 31.03.2028. BMW authorization is not required since it is an educational institution and no bio medical waste is generated in the institution.
6. It is respectfully submitted that, out of 8 colleges, 4 colleges has obtained Bio medical Waste Authorization under Bio Medical Waste Management Rules 2016. The details of the consent and authorization issued to them are as follows:
7. It is respectfully submitted that the TNPCB has filed a complaint against the remaining 2 medical colleges M/s. Vinayaga Missions Kirupananda Variyar Medical College & Hospital & M/s. Annapoorna Medical College & Hospital under Section 200 of CrPC for offence under Section 15 & 16 of EP Act, 1986 before the Hon'ble Judicial Page 6 of 10 Magistrate Court, Salem for violations of EIA Notification, 2006 and the case is still pending with the JMC Court, Salem.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
5. The MoEF&CC, Integrated Regional Office, Chennai has filed the status report dated Nil, e-filed on 22.10.2021 which reads as follows:-
"Status report based on the directions given by Hon'ble NGT (SZ) vide Orders dated 07.07.2021 and 02.09.2021 in the matter of O.A No. 62 of2020 Vide Orders dated 24.12.2020 and 01.03.2021 in OA. No. 62 of 2020 Hon'ble NGT (SZ) has directed the State Environmental Impact Assessment Authority (SEIAA) - Tamil Nadu and Ministry of Environment, Forests and Climate Change (MoEF & CC), Integrated Regional Office, Chennai are also to submit the independent reports regarding the violations alleged for the non-compliance of EIA Notification 2006 as well as Bio Medical Waste Management (BMW) Rules, 2016 and other environmental laws. Accordingly, the areas in question were inspected by the Integrated Regional Office of Ministry of Environment, Forest and Climate Change at Chennai on 07.05.2021 and field the Independent report to the Hon'ble NGT. Thereafter, the Hon'ble NGT (SZ) vide order dated 7.7.2021 has directed MoEF &CC to submit further action taken report on or before 11.08.2021. Further, the matter has been adjourned on 02.09.2021 and directed to submit the action taken report on or before 24.09.2021.
It is pertinent to mention here that, the MoEF&CC, New Delhi had issued an O.M. Vide F. No. 22-221/2020-IA.III dated 7.7.2021 on Standard Operating Procedure (SOP) for identification and handling of violation cases under EIA Notification 2006 in compliance to order of Hon'ble NGT in O.A. No, 34/2020 and the same is circulated to all the regulating authorities including SEIAA/SEACs of all States. In view of the above and Page 7 of 10 since the violation observed is under the category B (Building and Construction projects greater than 20000 sq.mtrs and less than 150000 sq. mtrs of build-up area falls in Category B, which require prior Environmental Clearance from SEIAA), the Integrated Regional Office of MoEF&CC, Chennai has requested SEIAA vide letter dated 4.8.2021 ;' to comply the Order of Hon'ble NGT in line with the OM No. 22-221/2020- IA.III dated 7.7.2021 of the Ministry on Standard Operating Procedure (SOP) for identification and handling of violation cases and intimate the action taken against the violators to this office (copy of the said letter is enclosed as Annexure-I).
Thereafter, subsequent remainders have also been sent to SEIAA vide letters dated on 24.08.2021 & 24.09.2021 (Copies enclosed as Annexure-II & III). The response in this regard is still awaited. On receipt of the reply/action taken report from the SEIAA, the same will be submitted to the Hon'ble NGT.
It is submitted that the IRO, MoEF&CC, Chennai is not entrusted with powers under Section 5 of Environment (Protection) Act."
6. In the report submitted by the MoEF&CC, Integrated Regional Office, Chennai, they have only mentioned that they were awaiting reply from the SEIAA, Tamil Nadu for filing further report and they have also mentioned that the Integrated Regional Office, MoEF&CC, Chennai is not entrusted with powers under Section 5 of the Environment (Protection) Act, 1986.
7. If they are not having power, it is for the MoEF&CC, New Delhi to consider as to how they will have to take action, if there is any violation found and make arrangement to delegate the power to some responsible Page 8 of 10 regulators to implement the same. They cannot simply say that no such powers with them. Whenever violation is found by the Regional Office, it is for them to inform the MoEF&CC, New Delhi in detail about the violation, so that they can instruct the concerned departments or even direct the Regional Office regarding the further action to be taken in this regard.
8. The learned counsel appearing for the Tamil Nadu Pollution Control Board wanted some time to file further report, as even in the earlier report mentioned above, they have stated that they will have to take further action in this regard and they will be able to file the report subsequently. They have not mentioned as to whether they have imposed the environmental compensation for the violation.
9. The SEIAA, Tamil Nadu is directed to file a further action taken report, if there is any violation found.
10. They are directed to submit the further report to this Tribunal on or before 23.12.2021 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.
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11. The Registry is directed to communicate this order to the official respondents, MoEF&CC, New Delhi as well as to the Integrated Regional Office, MoEF&CC, Chennai, Tamil Nadu Pollution Control Board and SEIAA, Tamil Nadu by e-mail immediately for their information and compliance of the direction.
12. For consideration of further report, post on 23.12.2021.
Sd/-
........................................J.M. (Justice K. Ramakrishnan) Sd/-
......................................E.M. (Dr. Satyagopal Korlapati) O.A. No.62/2020 (SZ), 01st December, 2021. Mn.
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