National Green Tribunal
Santosh Kumar Singh vs State Level Environment Impact ... on 13 April, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY VIDEO CONFERENCING)
Appeal No. 05/2023
Santosh Kumar Singh Appellant
Versus
State Level Environment Impact
Assessment Authority, U.P. & Ors. Respondent(s)
Date of hearing: 13.04.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Appellant: Mr. Abhishek Yadav, Advocate
ORDER
1. This Appeal has been preferred against grant of Environmental Clearance (EC) dated 24.01.2023 for setting up Common Bio-Medical Waste Treatment Facility (CBWTF) to be set up by Silkon Biotech Private Limited in District Azamgarh, Uttar Pradesh.
2. Objection of the appellant is that as per CPCB guidelines, no Facility can be set up within 75 kms of an existing CBWTF. If less than 10,000 beds are available then existing facility can cover up to 150 km radius. As per location criteria distance of 500 mtrs. has to be maintained from habitation and other sensitive establishments. The said guidelines are violated. M/s Fero Buildhards (India) Pvt. Ltd. exists 1 within 75 kms. There are less than 10,000 beds within 150 kms. There is a temple at a distance of 400 mtrs.
3. We have heard learned Counsel for the appellant and considered the matter. We do not find any merit in the appeal. What is important is addressing huge gaps in generation and treatment of medical waste in the interest of environment. Guidelines are to be read subsidiary to this main consideration. Profit of existing Facility cannot override environmental consideration. This aspect has already been dealt with by the Tribunal inter alia vide order dated 06.03.2023 in Appeal No. 3/2023, Medical Pollution Control Committee vs. State of Uttarakhand & Ors. as follows:
"8. Contention that no facility can be allowed within 75 kms distance of the facility set up by the appellant can also not be accepted. This aspect has been considered in recent order of this Tribunal dated 23.01.2023 in M.A. No. 98/2022 in OA No. 180/2021, Mukul Singh vs. State of Uttar Pradesh & Ors., as follows:-
"12. Record of discussion of meeting conducted by the CMC held on 09.05.2022 (Annexure 7 to the report) shows suggestions to modify existing guidelines on the issue of CBMWTFs for better compliance. At the moment only on CBMWTF is allowed in radius of 75 KMs and upto 1000 beds to enable service provider fair return on investment. Important suggestion of Odisha and Punjab PCBs is to reduce limit of 75 km radius for CBMWTF to 40 or 50 km decrease mandatory requirement of 1000 beds for CBWTF facility approx. 500 beds to achieve the aim of 'One district, one Facility'. After all, fair return to investor is not to take precedence over compliance as is being understood in certain quarters. Relevant extract the discussion in the meeting is as follows:
"5. On the aspect of operation of CBWTFs, the representative of Odisha PCB and Punjab PCB suggested that the limit of 75 km radius for CBMWTF should be further reduced to 40 or 50 km radius, as a prescription of radius in small states allow a player to create monopoly in the area for BMW management. Further, it was also suggested that the mandatory requirement of 1000 beds for CBWTF facility should be decreased to approx. 500 beds to achieve the aim of 'One district, one Facility'. However, the CMC and other stakeholders noted that the proposal needs further discussion among various entities engaged in BMW management."2
13. No decision appears to have been taken on such important suggestion. It is well known that inadequate number of treatment Facilities are not able to cater to large areas and large number of beds as it makes daily collection and treatment difficult. This gap results in unscientific disposal of bio-medical waste to the detriment of public health. In this regard, we may refer to observations of the Tribunal in order dated 15.12.2022 in OA No.900/2022, M/s Rainbow Environments Pvt. Ltd. vs. State of Punjab & Ors., as follows:
8. In above background, guidelines on the subject are to be understood. Object of guidelines being to ensure effective treatment of bio medical waste for protection of environment and public health and not merely to advance business interest of a Facility by creating monopoly, prime concern is bridging of gap in compliance of norms for which free play in joints has to be allowed to the statutory prescribed authority under the BMW Rules to take effective measures for better compliance and coverage, including availability of a Facility close to generation of waste and efficiency of existing Facility. ..."
14. Thus, with a view to ensure protection of environment, we find it necessary to direct that pending further decision of the CMC in the matter, radius for permission for additional CBMWTFs will stand reduced to 40 km of existing Facility and number of 1000 beds will stand reduced to 500 beds for addition of a Facility, as suggested by Odisha and Punjab State PCBs. State PCBs will be entitled to further reduce the gap, if found necessary in a fact situation, for ensuring better compliance. Principle of one district one facility cannot be universal as there may be big districts which may require more than one Facility or there may be small districts which may have to be dealt with differently."
3. In view of above, contentions raised in the appeal are without any merit.
The Appeal is dismissed.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM April 13, 2023 Appeal No. 05/2023 SN 3