National Green Tribunal
S Sakthivel vs Ministry Of Environment Forest And ... on 23 March, 2023
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 190 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
S. Sakthivel,
Environmental Protection & Anti-Pollution Group,
S/o PK Subramaniyam,
Alagu Vinayakar Kovil Street,
Fairlands, Salem- 636016.
...Applicant(s)
Versus
1. Ministry of Environment, Forest & Climate Change,
Represented by its Scretary to Government,
Union of India, Indira Paryavaran Bhavan,
Jor Bagh Road, New Delhi- 110003.
2. Department of Environment, Forest, Science and Technology,
Rep. By its Spl. Chief Secretary (FAC)
Environment, Science & Technology,
5th Floor, Burgula Rama Krishna Rao Bhavan, NH 44.
Hill Fort, Adarsh Nagar, Hyderabad, Telegana- 500063.
3. State Environmenal Impact Assessment Authority-
Telangana/Andhra Pradesh.
Rep by its Chairman,
A-3, Prayauaraana Bhavan, Industrial Estat Sanath Nagar,
Moosapet, Hyderabad- 500018.
4. Telangana State Pollution Control Board,
Rep by its Chairman,
A-3, Paryavaran Bhavan, Sanath Nagar Rd.,
Sanath Nagar Industrial Estate, Sanath Nagar,
Hyderabad, Telangana- 500018.
5. Apollo Institute of Medical Sciences and Reserach,
Rep by its Dean,
Apollo Health City Campus, Road No. 92,
Jubilee Hills, Film Nagar, Hyderabad,
Telengana- 500090.
6. Bhaskar Medical College,
Rep by its Dean,
Amdapur X Road, Yenkapally,
Moinabad, Ranga Reddy, Hyderabad,
Telengana- 500075.
7. Chalmeda Anand Rao Institute of Medical Sciences,
Rep by its Dean,
Village, Bommakal, Karimnagar
Teangana- 505001.
1
8. Deccan College of Medical Sciences,
Rep by its Dean,
DMRL X Road, Santosh Nagar Main Road,
Kanchan Bagh, Hyderabad,
Telangana- 500058.
9. Dr. V.R.K. Women's Medical College,
Rep by its Dean,
Teaching Hospital & Research Centre,
Affiliated to K.N.R. University of Health Sciences,
Aziznagar, R.R. District- 500075.
10. Gandhi Medical College & Hospital,
Gandhi Hospital, Musheerabad, Padmarao Nagar,
Secunderabad, Telengana- 500003.
11. Chalmeda Anand Rao Institute of Medical Sciences,
Rep by its Dean,
Rangam Peta, Street, Warangal,
Telengana- 506 007.
12. Surabhi Institute of Medical Sciences,
Rep by its Dean,
Siddipet-Husnabad Mundrai, Telengana- 502375
Plot No. 205, Kamalapuri Colony, Srinagar Colony,
Hyderabad- 500 073.
13. Kamineni Institute of Medical Sciences,
Rep by its Dean,
Akkenepally Vari lingotam, Narketpalle,
Telengana- 508254.
14. Malla Reddy Institute of Medical Sciences,
Rep by its Dean,
Medak Rd, Venkatarama Colony, Suraram,
Hyderabad- 500055.
15. Malla Reddy Medical College for Women,
Rep by its Dean,
Jeedimetla, Suraram, X Road, Quthbullapur,
Hyderabad, Telengana- 500055.
16. Mamata Medical Sciences,
Rep by its Dean,
4-2-161, Police Housing Colony,
Netaji Nagar, Rotary Nagar, Khammam,
Telengana- 507002.
17. Medi Citi Institute of Medical Sciences,
Rep by its Dean,
Medchal Manadal, Ghanpur,
Telengana- 501 401.
18. MNR Medical College & Hospital,
Rep by its Dean,
MNR Nagar, Fasalwadi Narsapur Road,
Sangareddy- 502294.
2
19. Osmania Medical College & Hospital,
Rep by its Dean,
5-1-876, Turrebaz Khan Rd, Troop Bazaar, Koti,
Hyderabad, Telengana- 500095.
20. Prathima Institute of Medical Sciences,
Rep by its Dean,
Nagunur, Karimnagar- 505417.
21. Rajiv Gandhi Institute of Medical Sciences,
Rep by its Dean,
Adilabad Main Road, Collector Chowk, Adilabad
Telengana.
22. SVS Medical College & Hospital,
Rep by its Dean,
Yenugonda, Mahbubnagar, Telengana- 509001.
23. Shadan Institute of Medical Sciences,
Rep by its Dean,
Chevella Rd, Peeramcheru,
Telengana- 500086.
24. Dr. Patnam Mahender Reddy Institute of Medical Sciences,
Rep by its Dean,
Chevella (V&M), Rangareddy District,
Telengana- 501 503.
25. Kamineni Academy of Mecdical Sciences and Reserach Centre,
Rep by its Dean,
Nalgonda Road near Andhra Bank Suryodaya Colony,
Bahadurguda, LB Nagar, Hyderabad,
Telengana- 500068.
...Respondent(s)
For Applicant(s): None.
For Respondent(s): Mrs. Yasmeen Ali for R2.
Ms. Dayana represented
Mr. T. Sai Krishnan for R4.
M/s. Maimoona Badsha, M/s. T. Vennila &
Mr. Barani Manikantan for R5.
Mr. Adarsh Ramanujan &
Mr. Arvindhasamy. S for R13 & R25.
Judgment Reserved on: 07th March, 2023.
Judgment Pronounced on: 23rd March, 2023.
3
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The applicant claiming to be an environmentalist alleged that the medical colleges have not obtained Environmental Clearance before establishing the same and contending that they are running the same in violation of the Environmental laws.
2. According to the applicant, respondent nos. 5 to 25 are running the hospital and medical colleges for which purpose they have constructed multi-storey buildings. It is stated that the construction of the buildings of these respondents are running hospitals and medical college required more than 20,000 sqm attracting the prior Environmental Clearance as stipulated in the EIA Notification, 2006 and the respondents have not obtained the same which is a violation per se.
3. The 1st respondent, MoEF&CC in S.O. 3252(E) dated 22.12.2014 exempted the schools, colleges and hostels for educational institutions from obtaining prior Environmental Clearance under the EIA Notification, 2006 subject to sustainable environmental management. There was also a clarification issued by the 1 st respondent in Office Memorandum dated 09.06.2015 that in case of medical universities/institutes the component of hospitals will continue to require prior Environmental Clearance. It is further stated that the applicant had applied under the Right To Information Act, 2005 to know whether the respondent nos. 5 to 4 25 have been accorded with the Environmental Clearance. He was replied by the authorities stating that none of the institutions have obtained Environmental Clearance. Hence alleging that the operation of the respondent nos. 5 to 25 without an Environmental Clearance is illegal, un-authorised and violative of the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. Hence the above captioned Original Application is filed seeking a declaration that the operation of the respondent nos. 5 to 25 are illegal and un- authorised and in violation of the Environment (Protection) Act, 1986 and for a direction to restrain them from further operating the same.
4. The 3rd respondent, Who is the State, SEIAA, had filed its report dated 23.09.2021. The SEIAA has stated that earlier MoEF&CC issued EIA Notification vide S.O. (E) dated 27.01.1994 which was enforced till EIA Notification S.O.(E) 1533 dated 14.09.2006 was issued. Building construction projects such as medical colleges, hospitals were not listed in the EIA Notification, 1994 and they did not require a prior Environmental Clearance. Subsequently, the MoEF&CC amended and the activities listed in the schedule of the EIA Notification required prior Environmental Clearance. As per EIA Notification, 2006 the activity "building or construction projects or area development projects and township"
with built up area of 20,000 sqm required prior Environmental Clearance under 8(a) or 8(b) of the schedule. There was a further amendment in S.O. (E) 3252 dated 22.12.2014 exempting industrial shed, school, colleges, hostel and educational institution mentioned under 8(a) of the building, construction projects. The 5 Ministry subsequently issued clarification on exemption of educational institutions and clarified that industrial shed, school, colleges, hostel for educational institutions mentioned under 8(a) of building construction projects are exempted to require prior Environmental Clearance, but in case of medical universities/institutes the component of hospitals will continue to require prior Environmental Clearance. So far as the respondents, herein, are concerned, it is stated that only respondent no. 25 i.e., M/s Kamineni Hospital Pvt. Ltd in Saroornagar Mandal, Rangareedy District had obtained the prior Environmental Clearance from SEIAA, Andhra Pradesh vide order dated 25.10.20213 for establishment of medical college and hospital and they had also produced the copy of the Environmental Clearance granted. The SEIAA had further stated that health care/hospital falls under the Biomedical Waste (Management & Handling) Rules, 1998 and the Telengana State Pollution Control Board is enforcing authority for implementation of the Biomedical Waste.
5. In its another report dated 21.03.2022, the SEIAA had stated that of the 21 respondents/medical colleges, only one medical college with attached hospital i.e., respondent no. 25 had obtained the Environmental Clearance vide order dated 25.01.2013. Based on the information from the Telengana Pollution Control Board, it is stated that the remaining 20 medical colleges with attached hospitals are established prior to the EIA Notification, 2006. In one of the medical college, namely, respondent no. 24, it has increased the built up area of the hospital component without obtaining Environmental Clearance under EIA Notification, 2006. Hence, the 6 Telengana Pollution Control Board had rejected their renewal consent application for non-compliance.
6. The Telengana State Pollution Control Board, who is the 4th respondent, had filed three reports dated 11.10.2021, 16.03.2022 and 07.01.2023. In the 1st report referred above, the Pollution Control Board has specifically stated that the 25 th respondent had obtained the Environmental Clearance from SEIAA and also obtained consent under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 and also authorisation under the Biomedical Waste (Management & Handling) Rules, 2016. The Respondent nos. 9, 12 and 24 though were established after the EIA Notification, 2006 their built up area of the above respondents are 9104 sqm, 13540.9 sqm and 18749 sqm respectively which are less than 20,000 sqm and therefore, they do not attract the provisions of the EIA Notification, 2006 and also the other subsequent amendments.
7. In the second report, the Pollution Control Board has stated that except respondent nos. 6, 9 and 24, rest of the respondents have obtained the consent required under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. The respondent nos. 6 and 9 have also applied for consent of the Pollution Control Board and the Telengana Pollution Control Board is processing the applications. Except respondent nos. 6 and 24 rest of the respondents are said to have obtained the authorisation under the Biomedical Waste (Management & Handling) Rules, 2016 and the renewal application 7 of the respondent no. 6 is under process. The consent application and Biomedical waste management application pertaining to respondent no. 24 were rejected for increasing the built up area of the hospital component i.e., 41,570 sq.m. against the earlier application for built up area shown as 18,737.5 sq.m. The Pollution Control Board also seems to have forfeited the bank guarantee of Rs. 2,00,000/- (02 lakhs) relating respondent no. 24 for non- compliance. The Pollution Control Board also had furnished a detailed statement of the status pertaining to respondent nos. 5 to
25.
8. This Tribunal had sought for
(i) The applicability of G.O. Ms. No. 111 on few health care facilities and explanation for not renewing the „Consent to Operate‟ of the 6th respondent.
(ii) The details of the biomedical waste facilities.
(iii) Environmental Compensation.
9. For furnishing the above sought for details, the 3rd report of the Pollution Control Board dated 07.01.2023 was filed. The above referred G.O. Ms. No. 111 (MA) dated 08.03.1996 of the Municipal Administration and Urban Development specifically prohibited various developments within 10 km of Himayatsagar and Osmansagar Lake area. In a challenge of the G.O. before the Hon‟ble Supreme Court, it was specifically directed that the State of Andhra Pradesh to identify the industries located within 10 km radius of these two lakes and to take action in consultation with the Andhra Pradesh Pollution Control Board to prevent the 8 pollution to the drinking water in these two reservoirs. The Telengana Pollution Control Board has stated that after the above judgement, it is not permitting any new polluting industry including health care facilities in any of the 84 villages notified in the above referred G.O. The two respondents health care facility i.e, respondent no. 6, namely, M/s Bhaskar Medical College, Amdapur cross road and the 9th respondent, namely, Dr. V.R.K. Women‟s College, Aziz Nagar, Rangareddy District are located within the 84 notified villages and established after the judgement of the Hon‟ble Supreme Court dated 01.12.2000. Both the health care facilities had applied for „Consent to Operate‟ of the Board and the same was reviewed by the CFO Committee.
10. As the above two respondents are health care facilities coming under the service sector providing health care services, the matter was addressed to the Government of Telengana requesting orders whether to process the „Consent to Operate‟ applications of the two teaching hospitals attached to the medical institutions and the clarification is awaited from the Government. As both the respondents are health care facilities which have already started functioning thereby generating the biomedical waste, considering the importance of proper collection, treatment and disposal, the Pollution Control Board has decided to process the biomedical waste authorisation of these two facilities so that the biomedical waste generated is managed through common biomedical waste facilities. The biomedical waste authorisation thus issued to the 6 th respondent is valid till 31.12.2023 and to the 9 th respondent is valid till 30.09.2023.
9
11. We hold that the action of the Telangana State Pollution Control Board in granting the consent is improper and hold that the consent granted is illegal, in view of the directions of the Hon‟ble Supreme Court and levy a penalty of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) on the Telangana State Pollution Control Board with a direction to withdraw the consent given to respondents No.6 & 9 by granting a grace period of 3 (Three) months for the institutions to make alternate arrangements.
12. It is reported that there are about 11 biomedical waste treatment facilities in the State of Telengana having total capacity of the incinerator of 46800 kgs/day and for autoclave is 43,224 litres/day. The average daily quantity of biomedical waste collected, treated and disposed of by the common biomedical waste treatment facilities is incinerable waste, 15,825 kg/day and autoclavable waste, 8410 kgs/day. The report also had furnished the details of the biomedical waste management by the 21 respondent‟s health care facilities.
13. From the above reports, it is evident that only two of the respondents, namely, 6 and 9 were operating without valid consent for a short period. As mentioned earlier, these two respondents were issued with the authorisation under the Biomedical Waste (Management & Handling) Rules, 2016 vide order dated 23.08.2019 which are valid up to 30.09.2023 and 31.12.2023. The Pollution Control Board also has decided to impose an Environmental Compensation for the days of operation before obtaining authorisation under the Biomedical Waste 10 (Management & Handling) Rules, 2016. Accordingly, show-cause notice was issued to the 6th respondent on 06.01.2023.
14. The 20th respondent, M/s Prathima Institute of Medical Science, Karim Nagar, has filed its reply. So far as this respondent is concerned, the Pollution Control Board has reported that it was established prior to the EIA Notification, 2006 and the built up area is less than 20,000 sqm which will not attract the requirement of the prior Environmental Clearance. Consent to Operate for this respondent was also issued on 01.05.2019 which is valid up to 31.03.2023. Hence, this college is compliant of all the requirements.
15. Similarly, respondent nos. 13 and 25 also have filed their reply affidavit confirming that their construction was prior to the EIA Notification, 2006 and they also have obtained „Consent to Establish‟ and „Consent to Operate‟ under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 and also under the Hazardous Waste Management Rules, 2016. The pollution Control Board also has confirmed the same.
16. From the reports of the SEIAA as well as the Telengana State Pollution Control Board it is evident that excepting respondent no. 6 all the other institutions are fully compliant of the required approvals/permissions. Even against the institute which is acting without the „Consent to Operate‟ appropriate action has also been initiated by the Pollution Control Board.
11
17. The applicant, Mr. S. Sakthivel, S/o P.K. Subramaniyam claims himself to be interested in the protection of the environment had filed this application through Learned Counsel M/s. S. Saravanan and ors. After the filing of the reports of the Pollution Control Board, the applicant did not respond and the Learned Counsel filed a memo on 30.10.2022 revoking the Vakalat expressing inability to continue to represent the applicant. The said memo was accepted and the Vakalat of the Learned Counsel Mr. S. Sarvanan was revoked.
18. This Tribunal thereafter sent notice to the applicant. However, there was no response. Such kind of an attitude of the persons like the applicant only goes to show that these kind of litigations are only motivated or speculative. Having filed the case, the applicant ought to have continued the same till it reached the finality. Having abandoned the same and wasting the time of the Tribunal the applicant has to be imposed with a cost. Accordingly, we impose a fine of Rs. 10,000/- (Rupees Ten Thousand only) for the applicant which the Telengana Pollution Control Board is authorised to recover.
19. In view of the observations noted supra,
(i) We hold that the action of the Telangana State Pollution Control Board in granting the consent is improper and hold that the consent granted is illegal, in view of the directions of the Hon‟ble Supreme Court and levy a penalty of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) on the Telangana State Pollution Control Board.
12
(ii) The said amount shall be paid to the Central Pollution Control Board within 30 (Thirty) days, which will be used by the CPCB for repairs/improvements in Himayatsagar and Osmansagar Lakes.
(iii) The Telangana State Pollution Control Board is directed to withdraw the consent given to respondents Nos.6 & 9 by granting a grace period of 3 (Three) months for the institutions to make alternate arrangements.
(iv) The Telangana State Pollution Control Board is directed to assess the period during which respondents Nos.6 & 9 did not have consent and levy environmental compensation accordingly.
(v) The fine amount of Rs.10,000/- (Rupees Ten Thousand only) imposed by us on the applicant is to be recovered by the Telangana State Pollution Control Board and may be used for tree plantation.
20. With the above discussions, the Original Application is dismissed.
Sd/-
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) Sd/-
.......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.190/2021(SZ) 23rd March, 2023. (AM) 13