National Green Tribunal
Environment Protection And Anti ... vs The Government Of Tamilnadu Rep By Its ... on 7 July, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.04:
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 others.
...Respondent(s)
Date of hearing: 07.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mrs. Rita Chandrasekar
For Respondent(s): Mrs. Me. Saraswathy for R1 & R5
Dr. D. Shanmuganathan for R2, R3 and R4
Mr. Karthikeyan represented
M/s. AAV Partners for R6
Mr. C. Kasirjan through
Ms. Ashwini for R7
ORDER
1. As per order dated 01.03.2021, this Tribunal had considered the action taken report submitted by the Tamil Nadu Pollution Control 1 Board (TNPCB) dated 19.02.2021 and received on 23.02.2021 which was extracted in Para (6) of the order. It is also mentioned in the order that the Tamil Nadu Pollution Control Board (TNPCB) cannot take action against the erring units for proceeding with the project without getting environmental clearance and the State Environment Impact Assessment Authority (SEIAA) alone will take action and directed the Ministry of Environment, Forests and Climate Change (MoEF & CC) and the State Environment Impact Assessment Authority (SEIAA) to file their statement regarding the nature of action taken by them against the erring Medical Colleges, which had constructed without Environmental Clearance before the next hearing date.
2. The party respondents are also wanted for some time for filing their statements as well. So the matter was posted to 26.03.2021 for that purpose. Thereafter the matter was adjourned from time to time by successive notifications and lastly the matter was adjourned to today as per notification dated 07.06.2021.
3. When the matter came up for hearing today through Video Conference, Mrs. Rita Chandrasekar represented the applicant as a counsel intending to assist this Tribunal in the cause raised in the application. Mrs. Me. Saraswathy represented respondents 1 and 5, Dr. D. Shanmuganathan represented respondents 2, 3 and 4, Mr. Karthikeyan represented M/s. AAV Partners counsel for 6th 2 respondent and Sri. C. Kasirajan through Ms. D. Ashwini represented 7th respondent. So, service is complete.
4. The 1st respondent has filed a reply affidavit which is not in fact helpful for this Tribunal to decide this issue as they have only reiterated the statutory provisions regarding the necessity for obtaining Environmental Clearance and other authorisations and the regulating authorities and also reiterating the responsibility of regulating authorities to implement the same. When certain type of violations were noted which goes to the root of the matter itself and projecting the violations of EIA Notification, 2006 etc., it is for the Ministry of Environmental, Forests and Climate Change (MoEF & CC) to come with proper action taken report before this Tribunal.
5. The Tamil Nadu Pollution Control Board (TNPCB) can only take action, if there is any violation of environmental or non compliance of conditions imposed in the consent or the authorisation granted by them and not in respect of proceedings with construction without obtaining any prior environmental Clearance etc., and if there is any violation of non-implementation of Solid Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016 etc, then, that also can be gone into by the Tamil Nadu Pollution Control Board (TNPCB).
6. We have received an independent report from the Ministry of Environment, Forests and Climate Change (MoEF & CC), Integrated 3 Regional Office of Chennai dated nil, e-filed on 30.06.2021 and received on 06.07.2021 which reads as follows:-
Inspection Report based on the direction given by Hon'ble NGT (SZ) vide Order dated 24.12.2020 in OA. No. 62 of 2020 Back ground Vide Orders dated 24.12.2020and 01.03.2021 in OA. No. 62 of 2020 Hon'ble NGT (SZ) has directed the State Environmental Impact Assessment Authority (SEIAA) 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 (Copy of the Order is at Annexure-I).
The allegation in the application was regarding the non compliance of Bio Medical Waste Management Rules, 2016 by Medical and Dental Colleges which are operating in Salem District without requisite Environmental Clearance/Consent to Establish/Consent to Operate.
Report of the MoEF &CC, Integrated Regional Office, Chennai Under the provisions of the EIA Notification, 2006, Environment Clearance for Building and Construction Projects is covered under entry 8 (a) of the Schedule to the EIA Notification, 2006. The entry 8(a) of the Schedule of EIA Notification 2006 as follows:
Building and Construction projects greater than 20000 sq. mtrs and less than 150000 sq. mtrs of built-up area falls in Category B, which requires prior Environmental Clearance from State Environment Impact Assessment Authority and greater than 150000 sq. mtrs of built-up area falls in Category A which requires prior Environmental Clearance from Central Government.
Thereafter vide Gazette Notification No. S.O. 3252 (E) dated 22.12.2014, the Ministry of Environment, Forest and Climate Change has exempted the School, College and Hostel for educational institution from obtaining prior Environment Clearance under the provisions of the EIA Notification, 2006 subject to Sustainable Environmental Management. Vide F. No.19-2/2013-IA-III.The Ministry clarified that in case of medical universities/institutes the component of Hospitals will continue to require prior Environment Clearance.4
Bio Medical Waste Management Rules, 2016 shall apply to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio medical waste in any form including hospitals, nursing homes, clinics dispensaries, veterinary institutions, animal houses, pathological laboratories, blood banks, Ayush hospitals, clinical establishments, research or educational institutions, health camps, medical or surgical camps, vaccination camps, blood donation camps, first aid rooms of schools, forensic laboratories and research labs.
Observation:
As directed the area in question was inspected by Dr.C.Palpandi, Scientist 'C',Integrated Regional office of Ministry of Environment, Forest and Climate Change at Chennai on 7.5.2021 (Some of the photos taken during site visit is at Annexure-II). During the visit it is noticed that there are 8 Medical/Dental Colleges Buildings in Salem Districts and out of 8 only2 projects were required to get prior Environmental Clearance from SEIAA,since the Construction area of these 2 projects are greater than 20000 sq. mtrs and less than 150000 sq. mtrs of built-up area.
Out of the total 8 projects 6 building are in need of getting clearance/permission under Bio Medical Waste Management Rules, 2016.The rest 2 projects do not require Environmental Clearances and clearances/permissions under Bio Medical Waste Management Rules, 2016 since these 2 buildings are used for educational purposes.
The present status of the 8 Buildings are as below in Table:
S.N Name of facility Built Present
Present Stof AuthorizationS Action taken
o up area/status of Status Status of BMW
EC
Authorisation
1. M/s Greater Presently BMW TNPCB
Vinayaka Mission than ToR has Authorization filed a
Super Specialty 20000 Sq.M.(1367 been obtai is required but not complaint und
ned from er Section
5
Hospital, 00 Sq.M.) SEIAA obtained 200 of
Sankari Mai under violation since consent CPR for
n Prior EC is category and waiting from TNPCB offence u
Road, Veera required for EC. was not given nder
pandi, but Consent order due to Section 1
Salem- not obtaine from TNPCB the non 5 & 16
636308 d by the can only obtainment of EPAct,
project pro obtained after of prior EC. 1986
ponent. getting EC. before
the Hon'b
le
Judicial
Magistrate
Court,
Salem
2. M/s Greater Presently BMW TNPCB
Annapoorana than EChas been obtained Authorization filed a
20000 Sq.M from SEIAA is required complaint
Medical under violation but under
College Hos (103374.17 category not obtained Section 2
pital, Sq.M.) after remittance since consent 00 of
Sankari Mai of Environmental C from TNPCB CPR for
n Prior EC is ompensation. was offence u
Road, Veera required not obtained. nder
pandi, but Section 1
Salem- not obtaine 5 & 16
636308. d by the of EPAct,
project pro 1986
ponent. before
the Hon'b
le
Judicial
Magistrate
Court,
Salem
3. M/s Less EC not required. BMW Nil
Vinayaka M than 20000 Consent Authorization
ission from TNPCB
Sankarachar Sq.M obtained obtained
iya Dental
College Vee Prior
rapandi, EC not
Salem- required
636308
6
4. M/s Less EC not required. BMW Nil.
Penang Inte than 20000 Authorization
rnational Consent is not
Dental Sq.M from TNPCB required
College/ Vin obtained since it is
agaya Prior an education
Mission EC not al/acade
Research required mic
Foundation institution an
Veerapandi, d no
Salem- bio medical
636308. waste
is generating.
5. M/s Less EC not required. BMW Nil
Vinayaka M than 20000 Authorization
ission Consent
Homeopathic Sq.M from TNPCB obtained
obtained
Medical Prior
College EC not
Veerapandi, required
Salem-
636308
6. M/s Sivaraj Less EC not required. BMW Nil
Homeopathi than 20000 Authorization
c Consent from
Medical Sq.M obtained
College and
Research Prior TNPCB
Institute EC not obtained
Thumbathulipatt y, required
Perumampatty P.O,
Salem 636307
7. M/s Sivaraj Siddha Less EC BMW Nil
Medical College, than 20000 not required. Authorization
Thumbathulipatt y,
Perumampatty P.O, Sq.M obtained
Salem 636307 Consent
Prior from TNPCB
EC not
7
required obtained
8. M/s Naturopathy and Less EC BMW Nil
Yoga Medical than 20000 not required. Authorizatio
College Thumbathulipa n is not
tt Sq.M Consent required
y, Perumampatty P.O, from TNPCB since it is
Salem 636307 Prior an education
EC not obtained al/acade
required mic
institution a
nd no
bio medical
waste
is generatin
g.
It is found that the 6 facility/building which does not require prior Environmental Clearance have taken all the necessary approvals from authorities and 2 institutions Vz. M/s Vinayaka Mission Super Specialty Hospital and M/s Annapoorana Medical College Hospital both having Built up areas of more than 20000 Sq.M have not obtained Prior EC from SEIAA as per EIA Notification 2006 under EP Act, 1986 and have not taken consent under the Water Act, 1974 and Air Act, 1981 and clearances/permissions under Bio Medical Waste Management Rules, 2016 from the Tamil Nadu Pollution Control Board. The prescribed authority for implementation of the provisions of these rules shall be the State Pollution Control Boards in respect of States and Pollution Control Committees in respect of Union territories.
The 2 institutions Viz. M/s Vinayaka Mission Super Specialty Hospital and M/s Annapoorana Medical College Hospital had applied for Environmental Clearance under violation category and in line with MoEF Notification S.O. 804(E) dated 14.03.2017 and S.O. 1030(E) dated 08.03.2018. M/s Vinayaka Mission Super Specialty Hospital obtained ToR on 23.11.2020 based on their Application submitted to SEIAA dated 16.10.14 and appraise letter dated 26.02.2020.(Copy of the ToR is at Annexure-III).8
M/s Annapoorana Medical College Hospital Obtained ToR on 06.11.2019 and EC on 27.04.2021 based on their Application submitted to SEIAA dated 13.09.17 (Copy of the EC is at Annexure-IV) As per MoEFCC Notification S.O. 1030(E) dated 08.03.2018:
The cases of violations will be appraised by the Expert Appraisal Committee at the Central level or State or Union territory level Expert Appraisal Committee constituted under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 with a view to assess that the project has been constructed at a site which under prevailing laws is permissible and expansion has been done which can run sustainably under compliance of environmental norms with adequate environmental safeguards, and in case, where the findings of Expert Appraisal Committee for projects under category A or State or Union territory level Expert Appraisal Committee for projects under category B is negative, closure of the project will be recommended along with other actions under the law."; In case, where the findings of the Expert Appraisal Committee or State or Union territory level Expert Appraisal Committee on point at sub-paragraph (4) above are affirmative, the projects will be granted the appropriate Terms of Reference for undertaking Environment Impact Assessment and preparation of Environment Management Plan and the Expert Appraisal Committee or State or Union territory level Expert Appraisal Committee, will prescribe specific Terms of Reference for the project on assessment of ecological damage, remediation plan and natural and community resource augmentation plan and it shall be prepared as an independent chapter in the environment impact assessment report by the accredited consultants, and the collection and analysis of data for assessment of ecological damage, preparation of remediation plan and natural and community resource augmentation plan shall be done by an environmental laboratory duly notified under the Environment (Protection) Act, 1986, or a environmental laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratories, or a laboratory of the Council of Scientific and Industrial Research institution working in the field of environment.";
. The Expert Appraisal Committee or State or Union territory level Expert Appraisal Committee, as the case may be, shall stipulate the implementation of Environmental Management Plan, comprising remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed and economic benefit derived due to violation as a condition of environmental clearance.";9
The project proponent will be required to submit a bank guarantee equivalent to the amount of remediation plan and Natural and Community Resource Augmentation Plan with the State Pollution Control Board and the quantification will be recommended by the Expert Appraisal Committee for category A projects or by the State or Union territory level Expert Appraisal Committee for category B projects, as the case may be, and finalised by the concerned Regulatory Authority, and the bank guarantee shall be deposited prior to the grant of environmental clearance and released after successful implementation of the remediation plan and Natural and Community Resource Augmentation Plan, and after recommendation by regional office of the Ministry, Expert Appraisal Committee or State or Union territory level Expert Appraisal Committee and approval of the Regulatory Authority.". Conclusion:
It is found that only 2 Institutions namely M/s Annapoorana Medical College Hospital and M/s Vinayaka Mission Super Specialty Hospital did not take necessary approvals like Prior EC, Consent and BMW Authorization.
In this regard the Tamil Nadu State Pollution Control Board has filed complaint under Section 200 of Criminal Procedure Code for offence under Section 15 & 16 of EPAct, 1986 before the Hon'ble Judicial Magistrate Court, Salem against M/s Vinayaka Mission Super Specialty Hospital on 01.10.2014 (CNR.TNSA040015092014)and M/s Annapoorana Medical College Hospital on 15.02.2021 (CNR.TNSA040006162021). Case details are furnished at Annexure-V and VI.
The present status of violations by these 2 Institutions are as follows:
M/s Annapoorana Medical College Hospital After the due procedures as mentioned in MoEF Notification S.O. 804(E) dated 04.03.2017 and S.O. 1030(E) dated 08.03.2018 M/s Annapoorana Medical College Hospital has obtained Environmental Clearance vide SEIAA TN/F.No.7143/EC/8(a)/760/2021 dated 27.04.2021 under violation category. During the site visit the project authority informed that in receipt of the EC, they had applied for consent from TNPCB under Water Act, 1974 and Air Act,1981 which is required for obtaining authorization under Bio Medical Waste Management Rules, 2016. M/sAnnapoorana Medical College Hospital has paid an amount of Rs.61.10 Lakhs under CER to EMAT, Department of Environment 10 on 05.8.2020 and Bank guarantee of Rs. 118.41 lakhs towards remediation plan and Natural Community Resource Augmentation plan on 6.8.2020.
2. M/s Vinayaka Mission Super Specialty Hospital.
After the due procedures as mentioned in MoEF Notification S.O. 804(E) dated 04.03.2017 and S.O. 1030(E) dated 08.03.2018 M/s Vinayaka Mission Super Specialty Hospital has obtained Terms of Reference from SEIAA vide SEIAA TN/F.No.3064/Violation/ToR- 823/2020 dated 23.11.2020.
They have not mentioned about the environmental compensation, if any, imposed and recovered while considering the violation case under the notification referred to by them.
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. 11
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 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.
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 12 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.
14. For appearance of parties and for consideration of further action report, post on 11.08.2021.
Sd/--
....................................J.M. (Justice K. Ramakrishnan) Sd/--
.................................E.M. (Dr. K. Satyagopal) O.A. No.62/2020 07.07.2021, Sr. 13