Punjab-Haryana High Court
Rahul Vijay Singh Chugh vs State Of Haryana & Others on 16 August, 2012
Bench: Jasbir Singh, Rakesh Kumar Jain
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Date of Decision: August 16, 2012
Civil Writ Petition No.9926 of 2010 (O & M)
Rahul Vijay Singh Chugh
..... PETITIONER(S)
VERSUS
State of Haryana & others
..... RESPONDENT(S)
. . .
Civil Writ Petition No.3586 of 2010
Shalender Mohan
..... PETITIONER(S)
VERSUS
State of Haryana & others
..... RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH,
ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
. . .
PRESENT: - Mr. Rahul Vijay Singh Chugh and Mr. Shalender Mohan, petitioners in person. Mr. Puneet Bansal, Advocate, for Mr. Kanwaljit Singh, Senior Advocate [Amicus Curiae].
Mr. B.S. Rana, Additional Advocate General, Haryana.
CWP No.9926 of 2010 [2]
Mr. Onkar S. Batalvi, Advocate, with Mrs. Kamla Malik, Advocate, for Union of India.
Mr. Sanjay Kaushal, Advocate, for U.T. Chandigarh.
Mr. D.S. Patwalia, Advocate, for Punjab Pollution Control Board, Patiala.
Mr. Arun Walia, Advocate, for Haryana State Pollution Control Board, Panchkula.
. . . Jasbir Singh, ACJ (Oral)
1. This order shall dispose of Civil Writ Petition No.9926 of 2010 and Civil Writ Petition No.3586 of 2006 as common questions of law and facts are involved.
2. For extracting facts, file of Civil Writ Petition No.9926 of 2010 is being taken up.
3. By filing this petition, attention of the Court has been drawn towards non-compliance of Bio-Medical Waste Management and Handling Rules, 1998 (for short, 'the Rules') by the various hospitals/ nursing homes. It is stated that to treat the bio- medical waste, proper equipments have not been installed in many of the hospitals.
4. After issuance of notice, many directions have been issued by this Court from time to time. After considering the replies filed by respondents, on 16.1.2012 the following order was CWP No.9926 of 2010 [3] passed:-
"The hearing for the day concentrated on the common disposal sites for Bio-Medical Waste that are being presently provided in the States of Punjab and Haryana as well as the U.T. Administration. Rule 14 of the Bio-Medical Waste (Management and Handling) Rules, 1998 (hereinafter referred to as `the Rules') which has been brought by an amendment in the year 2000 contemplates such Common Disposal Centres. The guide-lines framed by the Central Pollution Control Authority lay down the specific norms which are applicable in this regard. Of the various norms in force be of paramount importance, at this stage, is the one providing that no place within the State shall be 150 kms. away from a Common Disposal Centre and the maximum time within which transportation and incineration of Bio-Medical Waste is to be carried out is 48 hours.
In the State of Punjab, Common Disposal Centres are presently working at Mohali, Ludhiana, Amritsar and Pathankot and the fifth centre is being planned at Bathinda. Insofar as the State of Haryana is concerned, there are 8 centres working at Karnal, Ambala, Panchkula, Gurgaon, Hisar, Jind, Rohtak and Faridabad and six additional centres are planned/ contemplated at Palwal (2 Nos.), Bhiwani, Panchkula, Jagadhri and Faridabad.
The States first have to satisfy the Court as to whether any of centres are located more than 150 kms. from the nearest hospital/centre from which Bio-Medical Waste is to be brought.
The second aspect of the matter that had engaged the Court's attention for the day is the effectiveness of the mechanism which is being set up through the private sector.
Insofar as the States of Punjab and Haryana are concerned, better affidavits explaining the situation i.e. with regard to distance be placed before the Court on or before the next date of hearing. The Pollution Control Boards of the two States shall also carry out a detailed inspection of each of the centres that are functioning, the place(s) from which Bio-Medical Waste is brought and the effectiveness with which transportation of such waste is carried out and incineration thereof takes place in the common centres. Said report be filed before the Court on or before the next date fixed.
Insofar as the U.T. Administration is concerned by orders passed in CWP No.16494 of 2007, the Court had expected a common incinerator to be set-up in the outskirts of the city within the shortest possible time and after noticing the developments that have taken place in this regard, had deemed it proper to close the said PIL registered as C.W.P. No.16494 of 2007. Though a reasonable period of time has expired, the Court is CWP No.9926 of 2010 [4] informed that the common incinerator has not been set-up till date because of certain difficulties. Mr. Sanjay Kaushal, learned Standing Counsel, U.T. Administration is granted time to obtain instructions with regard to the aforesaid common incinerator and place the same before the Court. The case will now be listed on 1.3.2012 along with the record of C.W.P. 16494 of 2007.
Copies of this order be furnished to Mr. Patwalia, learned counsel for the Punjab Pollution Control Board, Mr. Gitish Bhardwaj, learned counsel for the Haryana Pollution Control Board and Mr. Sanjay Kaushal, learned Standing Counsel for U.T. Administration, Chandigarh."
5. From the replies placed on record, the Court is convinced that the Pollution Control Boards in the States of Punjab and Haryana are not conducting proper supervision for implementation of the Rules, and many hospitals are not complying with the terms and conditions prescribed in the Rules.
6. Regarding Union Territory Chandigarh, the counsel was granted time to get instructions regarding setting up of a common incinerator to manage the bio-medical waste and in this regard on 30.5.2012, the following order was passed:
"In pursuance to the various orders passed by this Court the States of Punjab and Haryana through their Pollution Control Boards have undertaken inspection of a Government Hospital and Private Nursing Homes in both the States. Mr. D.S. Patwalia, learned counsel for Punjab Pollution Control Board and Mr. Arun Walia, learned counsel for Haryana Pollution Control Board have stated that many of the hospitals/nursing homes have been found to be violating the norms as well as the rules known as 'Bio-Medical Waste (Management and Handling) Rules, 1998.
A detailed report by both the Pollution Control Boards is awaited and request for some time has been made. Accordingly, we grant three weeks time to file the status report in pursuance to the inspection of various hospitals and nursing homes as well as the action taken against the violators.CWP No.9926 of 2010 [5]
In so far as the U.T. Administration is concerned, a common incinerator was to be set up at the outskirts of the city, however, Mr. Sanjay Kaushal, learned counsel for U.T. Administration states that there is rethinking because it involved allotment of one acre of land. However, that might have been the situation in a case where a common incinerator is to be set up for the use of private medical institutions like nursing homes and private hospitals. However, with regard to setting up a common incinerator to take the load of Governmental Medical Institutions like Medical College and Hospital, Sector 32, Chandigarh, General Hospital Sector 16, Chandigarh and other medical institutions situated in U.T. Chandigarh. There cannot be a valid excuse for setting up a common incinerator merely on the ground that some land is to be allocated; after all setting up a common incinerator would serve the public purpose of taking care of Bio-Medical Waste to minimize the pollution and for healthy living of the citizens which is a right granted by Article 21 of the Constitution. Therefore, the rethinking on the part of U.T. Chandigarh in the larger public interest and to cater the need of Medical Hospitals in public sector situated in Chandigarh would not be acceptable. Accordingly, Mr. Kaushal, learned Standing counsel of U.T. Chandigarh shall obtain instructions with regard to aforesaid common incinerator and place the same before the Court on the next date of hearing.
List again on 16.08.2012 along with a similar matter i.e. CWP No.3586 of 2010, which is also posted for hearing on 16.08.2012.
The affidavit shall be filed within four weeks with a copy in advance to the learned counsel opposite."
7. The Pollution Control Boards were also directed to comply with the order(s) passed earlier, as referred to above. Union Territory Chandigarh was again asked to get instructions regarding setting up of a common incinerator to manage the bio- medical waste.
8. Counsel for respondent No.5, Punjab Pollution Control Board, while making reference to an affidavit dated 18.7.2012 filed by Mr. Tejwant Singh, Environmental Engineer of the Board, has stated that inspections at 2539 Health Care Facility CWP No.9926 of 2010 [6] Centres were carried out between the months of February 2012 to May 2012, out of which 190 hospitals/ nursing homes were found lacking in infrastructure and violating the provisions of the Rules. Upon notice issued to those institutions, 186 hospitals/ nursing homes have complied with the provisions of the Rules. Even then those hospitals have been asked to submit bank guarantee with an undertaking to continue complying with the provisions of the Rules. Against 4 hospitals/ nursing homes who failed to comply with the Rules, show cause notices have been issued to take requisite action.
9. In the same manner, an affidavit has been filed by Dr. C.V. Singh, Senior Scientist-II (Headquarters), Haryana State Pollution Control Board, Panchkula, wherein it is stated that the field staff of the Board have inspected the hospitals/ nursing homes in their regions. The reports have also been placed on record as Annexure A/1 to A/14. It is further stated that two hospitals have been found violating the provisions of the above Rules and show cause notices have been issued to the said hospitals on 3.8.2012 for taking necessary action.
10. So far as Union Territory Chandigarh is concerned, the counsel has brought to our notice that as on date, four incinerators are working in Chandigarh and there is no report of any violation of the Rules by any hospital. CWP No.9926 of 2010 [7]
11. Having regard to the fact that the Pollution Control Boards of both the States and Pollution Control Committee, U.T. Chandigarh who are statutory authorities for implementation of 1998 Rules are taking action in the matter with due promptitude, we dispose of these petitions with a direction to the Punjab Pollution Control Board; Haryana State Pollution Control Board; and Pollution Control Committee, Chandigarh to keep constant vigil on the hospitals/ nursing homes for strict compliance of the provisions of Bio-Medical Waste Management and Handling Rules, 1998. In case any violation is noticed, immediate stern action be taken. The petitioner(s) is/are also at liberty to bring any violation of the Rules to the notice of the above authorities, upon which immediate action shall be taken.
(Jasbir Singh)
Acting Chief Justice
(Rakesh Kumar Jain)
August 16, 2012 Judge
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