National Green Tribunal
Rajesh Kumar vs Union Territory Of J & K on 23 August, 2022
Item No.03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
M.A No. 59/2022
In
Original Application No. 344/2022
Rajesh Kumar ...Applicant
Versus
Union Territory of J & K ...Respondent
Date of hearing: 23.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Application is registered based on a Letter Petition received by Email.
ORDER
1. The grievance made in this present Letter Petition sent by Mr. Rajesh Kumar resident of H. No. M3/538, S.D. School Wali Gali, Guru Ram Dass Nagar, Tehsil & District Amritsar is that private hospitals of Jammu, particulars of which are mentioned in the list attached with the letter petition, throw their waste (Dry and wet) into the street, roads and vacant land of Jammu city during night causing spread of diseases in Jammu and damaging the environment.
2. Vide order dated 17.05.2022, this Tribunal constituted a Joint Committee comprising of the Health Department, Union Territory of Jammu and Kashmir, J&K PCB and Deputy Commissioner, Jammu and directed the M. A. No. 59/2022 Rajesh Kumar Vs. Union Territory of J & K In O.A No. 344/2022 -2- same to submit factual and action taken report within two months. The relevant part of the order reads as under:-
"X X X X X X
2. In view of the averments made in the letter petition, we are of the view that the factual position needs to be verified and remedial action is required to be taken on the basis thereof by the concerned Statutory Authorities. We accordingly constitute Joint Committee of representatives of Health Department, Union Territory of Jammu and Kashmir, J&K PCB and Deputy Commissioner, Jammu and direct the same to verify the factual position, look into the grievances of the applicant and take remedial action in accordance with law by following due process within one month from the date of receipt of a copy of this order. The J&K PCB will be the Nodal agency for coordination and compliance.
3. Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.
The application is disposed of with the above said directions......"
3. In compliance thereof, Mr. K. Ramesh Kumar, IFS, Member Secretary, Jammu and Kashmir Pollution Control Committee has submitted report of the Joint Committee vide letter dated 13.07.2022 sent by email dated 13.07.2022 to this Tribunal. The relevant part of the report reads as under:-
"X X X X X X
II. Action Taken:
Action taken by the Joint Committee comprising of Regional Director, J&K PCC Jammu. Deputy Commissioner, Jammu and Chief Medical Officer, Jammu. in compliance to the directions of Hon' le NGT is scrutinized as under :-
In order to verify the factual position as directed vide order passed by Hon'ble NGT on 17-05-2022, below mentioned action was taken :
M. A. No. 59/2022 Rajesh Kumar Vs. Union Territory of J & K In O.A No. 344/2022 -3-
i) That, the Chief Medical Officer, Department of Health and Family Welfare, Jammu vide Regional Director Pollution Control Committee, Jammu's letter No. PCC/RDJ/SA/NGT/OA377/22/1263-64 dt: 08/06/2022 was requested to submit the status of registration/provisional registration of each HCF and also to provide the copies of the certificates in question of the 43 Health Care Facilities (HCFs). The referred list of 43 HCFs submitted by the applicant with his petition has reflected M/s Raksha Kidney Centre, Near Circuit House, Talab Tillo, Jammu at S.No. 21 and repeated the name of said HCF at S.No. 35, as such there are 42 HCFs. The Registration certificates of all but one HCFs (i.e. 41) provided by the Chief Medical Officer are attached as Annexure `A'.
ii) That, before initiating the process of verification of complaint/grievance of the applicant, a letter was issued to the applicant Sh. Rajesh Kumar vide Regional Director Pollution Control Committee Jammu office No. PCC/ RDJ / NGT/OA /344/ 2022/1413-16 dated 17-06-2022 (sent through Registered Post) to present himself before the committee in the office of Regional Director , J&KPCC, Jammu on 24-06-2022 at 12:00 noon along with evidence, if any, in shape of photographs, videos or documents etc. However, the applicant did not appear before the committee. The applicant was again requested vide Regional Director , J&KPCC, Jammu No. PCC / RDJ / NGT / OA/344/2022/ 1583-86 dated 25-06-2022, (sent through Speed Post) to appear before the committee on 30-06-2022 at 12:00 noon to share any evidence. Again, the applicant did not appear and committee did not receive any form of communication from him.
(Copies of both the letters along with postal receipts are attached as Annexure.
iii) That, as per information provided by Chief Medical Officer, Jammu and as per the records available in this office, the status of registration issued by Health Department, status of Consent under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and Authorization under Bio Medical Waste Management Rules 2016 is given as under:-
S Name & of HCF Health Consent Authori Remarks No. Deptt. Validity zation Registr Status Validity ation Status validity status Ankur Maitrika Hospital (OPC) Pvt. Ltd, 1 Valid Valid Valid Near Jodhamal Public School, Jammu 2 Yudhvir Nursing Home, Manda, B.C Valid Valid Valid Road Jammu 3 Under Under Applied for Triveni Nursing Home, Process Process Authorization 8-C/C Gandhi Nagar, Jammu Valid for for /R and renewal renewa CTO-R l 4 AV Nursing Home, Valid Valid Valid M. A. No. 59/2022 Rajesh Kumar Vs. Union Territory of J & K In O.A No. 344/2022 -4- Channi Himmat, Jammu 5 Indira IVF Hospital Pvt.
Ltd., 2nd Floor
City Plaza Maharaja
Gulab Singh Marg, Valid Valid Valid
Jammu
6 SDS Hospital, CTE-F Under Applied for
Shahpur Brahmana, Valid obtained Process Authorization
Bishnah , Jammu /F.
7 Jammu City Oncology
Clinic with Applied for
Interventions, 129/2, Under Valid CTO-R
Garden Avenue, Talab Valid Process
Tillo, Jammu
8 JK Medicity Hospital,
Thanger, Channi, Valid Valid Valid
Jammu
9 Sukhda Nursing Home, Under Applied for
3 D/D 2nd Ext, Green Under Process A/R and
Belt Park, Gandhi Valid Process CTO-R,
Nagar, Jammu. Notice-1
10 Maha Rishi Dayanand Closure Closure Closure & EC
Hospital & Medical and EC EC
Research Centre, B.C Valid recomm recom recommende
Road, Jammu ended mend d
ed
11 Care n Cure Nursing
Home, 78/8 New Bye
Pass Road, Trikuta Valid Valid Valid
Nagar, Jammu
12 Ganeshdaya Nursing Valid Under Under Applied for
Home, Talab Tillo, Process Process A/R and
Jammu. CTO-R,
Notice-I
13 S.H.S. Memorial Under Applied for
Hospital, Rehari Valid Process Valid CTO/R ,
Chowk, Jammu Notice-1
14 National Hospital,
Airport Road, Karan Valid Valid Valid
Nagar, Jammu
15 Swami Vivekanand Under Applied for
Medical Mission, Valid Process Valid CTO-R
Amphalla Jammu
16 Max Life Hospital and Under Applied for
Trauma Centre, Valid Valid Process A/R.
Sunjuwan
17 Sudan Heart Care Applied for
Centre, Rohi Morh, Under Under A/R and CTO-
Valid
Satwari, R.S. Pura Process Process R, Notice-1
Jammu
18 Goel Hospital & Applied for
Medical Research A/R, CTO-F,
Under Under
Centre, Old University Valid Notice-1
Process Process
Lane, Canal Road,
Jammu
19 Choudhary Nursing Under Applied for
Valid Valid
Home, Nagrota Process CTO-F
20 Rahat Hospital, Opp. Valid Under Applied for
Chirag Public School, Process CTO-R
Valid
Malik Market, Bathindi,
Jammu
21 Raksha Kidney Centre, Valid Valid Valid
M. A. No. 59/2022 Rajesh Kumar Vs. Union Territory of J & K
In O.A No. 344/2022
-5-
Near Circuit House,
Talab Tillo Road,
Jammu
22 Suvidha Mother & Child
Under Applied for
Nursing Home, Talab Valid Valid
Process CTO-F
Tillo Jammu
23 Suri Nursing Home, Under Applied for
Canal Road Jammu. Process CTO-F and
Valid Valid A/R, Notice-I
& Final
Notice
24 Bee Enn General Under Applied for
Hospital, Pacca Gharat, Process A/R
Valid Valid
Talab Tillo
Road, Jammu.
25 Closure Closure & EC
& EC recommende
Choudhary Nursing
recomm EC d
Home,GREF Road, Valid
ended recom
Akhnoor Jammu
Clo mende
sure & d
26 Lajwanti Medical Trust,
Opp. Greater Kailash
Valid Valid Valid
Colony, Vill. Deeli,
Jammu
27 Madaan Hospital & Applied for
Research Centre, 37 Under CTO-R
Valid Valid
A/C Gandhi Nagar, Process
Jammu
28 Lochan Nursing Home,
39C, Sector 1, Trikuta Valid Valid Valid
Nagar, Jammu
29 Kalindi Nursing Home,
2/155, Vikas Nagar, Valid Valid Valid
Subhash Nagar, Jammu
30 Pulse Hospital & Applied for
Research Centre. NH-1. CTO-F and Under Under Bye Pass Road Valid A/F Process Process Gujjar Colony, Sunjawan, Jammu 31 SDDM Hospital, Channi Valid Valid Valid Himmat, Jammu 32 Life Scan Nursing Home Notice-1 (B.S NH), 605-A Last Valid Valid Valid Morh G.Ngr Jammu 33 Pushpanjali Life Hospital, Lale Da Bagh, Valid Valid Valid Bhouri, Jammu 34 Nirmaya Hospital, Opp. Under Applied for JRC Home, Udheywala, Valid Process Valid CTO-R Bohri 35 Raksha Kidney Centre, Repeated at Near Circuit House, S.No.12 Talab Tillo Road, Jammu M. A. No. 59/2022 Rajesh Kumar Vs. Union Territory of J & K In O.A No. 344/2022 -6- 36 Not valid.
Swastik Nursing Home, Not Not Applied for Valid Janipur, Jammu Applied valid A/R , Notice-
I, Final Notice
37 Shub Tilak Applied for
Multispeciality CTO-F
Under
Hospital, Nirdosh Valid Valid
Process
Chowk, Akhnoor, W.
No. 10, Jammu
38 Baba Nanak Medicity, Notice-1
Valid Valid Valid
Gadi Garh.
39 Sarla Memorial Applied for
Maternity Under Not CTO-R
Valid
Home, Ward No. 9, R S Process Valid
Pura Jammu
40 Medicare Nursing . Applied for
Home, 39 B/C Gandhi Valid CTO-F. Not
Nagar Jammu Under Not applied for
Process Valid A/R, Notice-
1, Final
Notice
41 Applied for
CTO-F and
St. Joseph's Health Under
Valid Valid case returned
Centre, Akhnoor Process
for initiating
levying of EC.
42 Closure Order
dt.03/12/201
6, but not
New Navyug Nursing implemented
Not
Home,63 Rehari Closure Closure despite letter
Valid
Chungi Jammu to DC
dt.
11/07/2019,
21/06/22.
43 CLDD Pvt. Ltd., Near JK Valid Under Applied for
Medicity, Narwal Bye Notice-1 process A/R, Notice -I
Valid
Pass, Channi Himmat,
Jammu.
Key : Authorization-A, Consent to Establish - CTE Consent to Operate -- CTO Fresh --F Renewal - R
iv) That, All HCFs are having valid registration certificates issued by Health Department except for M/s New Navyug Nursing Home mentioned at S.No. 42. Out of 42 HCFs, 18 HCFs have valid consents, 19 cases are under process for grant of Consent with J&K Pollution Control Committee, 2 cases have been processed for closure/levying of Environmental Compensation (EC), 1 HCF has been ordered closure order and 2 HCFs have been issued legal notices on account of deficiencies in their applications. As far as status M. A. No. 59/2022 Rajesh Kumar Vs. Union Territory of J & K In O.A No. 344/2022 -7- of authorization cases is concerned 26 HCFs have valid authorization and 9 cases are under process with the J&K Pollution Control Committee, 2 cases are under process with the J&K PCC for closure of the HCFs and levying of environmental compensation, 01 HCF has been issued closure order and 4 HCFs have been issued legal notices on account of deficiencies w.r.t documents etc. Copies of Consent orders, Authorizations and legal notices are attached as Annexure `C'. All the HCFs referred in the list have valid MoU with Common Bio Medical Waste Treatment Facility namely M/s Anmol Health Care, Rakh Rara, Samba and 41 HCFs have implemented the Bar Code as same have been allocated by J&K PCC. Only one HCF namely M/s New Navyug Nursing Home at S.No. 42 has not implemented the Bar Code.
v) That, the office of the Regional Director, J&KPCC Jammu has issued final/2"d notices to 03 HCFs with directions to apply and obtain mandatory authorization viz-a-viz rectification of deficiencies noticed earlier and during the course of inspections. Copies of the said notices are attached as Annexure `D'.
vi) That, the Joint Committee also co-opted some officers of J&K PCC to assist and verify the factual position about the collection, handling, disposal and management under Bio Medical Waste Management and Rules, 2016 by the HCFs & accordingly 10 HCFs were inspected at random and inspection reports are attached along with photographs as Annexure-`E'."
4. None has appeared on behalf of the applicant to dispute the correctness of the observations made in the report.
5. In view of the observations in the report of the Joint Committee, no further intervention by this Tribunal in exercise of its jurisdiction under the provisions of the National Green Tribunal Act, 2010 is required and the application is disposed of accordingly.
6. However, we are of the considered view that there is an urgent need of evolving proper monitoring mechanism by the State PCB for periodically ascertaining compliance status of the Bio-medical Waste Management Rules M. A. No. 59/2022 Rajesh Kumar Vs. Union Territory of J & K In O.A No. 344/2022 -8- 2016 and taking appropriate remedial action to plug in the gaps and resolve the bottlenecks so that strict compliance therewith is ensured and State PCB is accordingly directed to take requisite steps in this regard. A copy of this order be sent to the State PCB for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 23, 2022 AG