National Green Tribunal
Kankana Das D/O Mr. Aditya Kumar Das vs Union Of India Through Secretary ... on 25 January, 2022
Item No. 06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 139/2017/EZ
Kankana Das Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 25.01.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Rahul Choudhary, Advocate a/w
Mr. Aayush Singhvi, Advocate
For Respondent(s) : Mr. Debasish Ghosh, Advocate for R-1,
Mr. Surendra Kumar, Advocate for R-2 & 5,
Ms. Aishwarya Rajyashree, Advocate for R-3,4,6 to 8,
Ms. Kohali Mukhopadhyay, Advocate a/w
Mr. Abhik Das, Advocate for R-14, 20 & 29,
Mr. Pranit Bag, Advocate for R-21,
Mr. Nilanjan Sen, Advocate for R-23,
Mr. Samarjit Basu, Advocate for R-24
ORDER
1. Mr. Rahul Choudhary, learned Counsel assisted by Mr. Aayush Singhvi, learned Counsel is present for the Applicant.
2. One affidavit dated 05.07.2021 has been filed on behalf of the Respondent No.1, Ministry of Environment, Forest and Climate Change; the same is taken on record.
3. A Compliance Report dated 22.01.2022 has been filed on behalf of the Respondent No.3 & 6, State of Jharkhand; the same is taken on record.
4. One supplementary affidavit dated 24.01.2022 has been filed on behalf of the Respondent No. 2 & 5, Jharkhand State Pollution Control Board; the same is taken on record.
5. Mr. Pranit Bag, learned Counsel appearing for Respondent No.21 and Ms. Kohali Mukhopadhyay, learned Counsel appearing for 1 Respondent Nos. 14, 20 & 29, state that they have not received the copies of the various affidavits taken on record today.
6. The learned Counsel for the parties shall exchange the copies of their affidavits among themselves before the next date of listing.
7. In para 4 of the supplementary affidavit of Jharkhand State Pollution Control Board 24.01.2022, the Environmental Compensation against the defaulting Hospitals/Health Care Facilities/units has been given which is reproduced herein and reads as under:-
S. Name of HCFs Direction Amount of
No. issued vide Ref. Environmental
No. & dated Compensation in
INR
1 M/s Central Hospital, Ref. No. B-180, 1,37,46,250.00
BCCL, Date
At - Jagjivan Nagar, 21/01/2022
Dhanbad,
2 M/s Govindpur Community Ref. No. B-182, 78,55,000.00
Healthcare Centre, Dated
At-Govindpur, CD-Block, 21/01/2022
Dhanbad,
3 M/s Patliputra Medical Ref. No. B-183, 3,92,75,000.00
College and Hospital, At - dated
Saraidhela Road, Kusum 21/01/2022
Vihar, Loharkuli, Dhanbad,
4 M/s Patliputra Nursing Ref. No. B-184, 11,40,000.00
Home, dated
At - Purana Bazar, Main 21/01/2022
Road, Dhanbad
5 M/s Dhanbad Nursing Ref. No. B -181, 4,36,800.00
Home, dated
At-Katras Road, Bank 21/01/2022
More, Dhanbad,
6. M/s Chanho Community Ref. No. B -185, 47,13,000.00
Health Centre, dated
At-Ranchi Road, District- 21/01/2022
2
Ranchi,
7 M/s Namkum Community Ref. No. B -192, 53,02,125.00
Health Centre, dated
At-Bargawa, Namkum, 21/01/2022
Near JAC, District-Ranchi,
8 M/s K.C. Roy Memorial Ref. No. B - 189, 49,09,375.00
Hospital, dated
At-50 Circular Road, 21/01/2022
Lalpur, District-Ranchi,
9 M/s Ispat Hospital, Ref No. B - 188, 49,09,375.00
At-Shyamali Colony, dated
District-Ranchi, 21/01/2022
10 M/s Laxmi Nursing Home, Ref No. B - 193, 29,45,625.00
At-Hinoo Main Road, Hinoo, dated
Ranchi, 21/01/2022
11 M/s Om Nursing Home, Ref. No. B - 190, 29,45,625.00
At-Near Bypass Chowk, dated
Kadru Main Road, Argora, 21/01/2022
Ranchi,
12 M/s Paras HEC Hospital, Ref No. B - 187, 49,09,375.00
At-Dhurwa, District-Ranchi, dated
21/01/2022
13 M/s Mandar Referral Ref No. B - 186, 29,45,625.00
Hospital, dated
At-Burmu Road, Mandar, 21/01/2022
District-Ranchi,
14 M/s Rajendra Institute of Ref No. B - 191, 4,41,84,375.00
Medical Science (RIMS) dated
Hospital, 21/01/2022
At-Bariyatu, District-
Ranchi,
8. It is also stated that 30 days time notice has been given to the defaulting Hospitals/Health Care Facilities units to deposit the amount of Environmental Compensation.
9. We find that in the affidavit of Jharkhand State Pollution Control Board, it has not been stated that if the Hospitals/Health Care Facilities units are operating in violation of the Bio-medical Waste 3 Management Rules, 2016 particularly in the present situation of a grave COVID-19 pandemic. Why closure order has not been issued against the defaulting Hospitals/Health Care Facilities units.
10. Mr. Surendra Kumar, learned Counsel appearing for the Jharkhand State Pollution Control Board, submits that because of COVID-19 pandemic, no stringent action has been taken against the defaulting Hospitals/Health Care Facilities which is also stated in para 5 of the supplementary affidavit.
11. In our opinion, the Jharkhand State Pollution Control Board cannot hide behind COVID-19 pandemic to submit that no closure order or stringent action is being taken against the defaulting Hospitals/Health Care Facilities units. This is a serious matter that the defaulting Hospitals/Health Care Facilities units are operating without Sewage Treatment Plant or Effluent Treatment Plant or without complying with the Bio-medical Waste Management Rules, 2016 and also without complying with the Bio-Medical Waste Authorisation and in some cases it is also stated that the proper disposal of municipal waste is not available and open dumping is being done by the defaulting Hospitals/Health Care Facilities units. This is a very serious matter.
12. We grant fifteen days time to the Jharkhand State Pollution Control Board to file an affidavit of compliance to show what action has been taken against the defaulting Hospitals/Health Care Facilities units as violation of Bio-medical Waste Management Rules, 2016 or dumping of hospital waste on the open road or open dumping site is a grave threat to human life and health, particularly of the residents of the area in which such Hospitals/Health Units are located.
4
13. Let the affidavit in this regard be filed before the next date of listing.
14. In the so called 'Compliance Report' filed by one Manohar Marandi, Deputy Director, Urban Development and Housing Department, Govt. of Jharkhand, on behalf of the Respondent Nos. 3 & 6, a notification of Urban Development and Housing Department dated 23.01.2017 has been filed at page no. 525 of the paper book. This notification refers to the list of Chief Secretaries, Principal Secretaries, Additional Chief Secretaries and the various other officers. The order of the National Green Tribunal, Principal Bench dated 22.02.2021 passed in O.A. No. 593/2017 running into 121 pages has been filed as Annexure A3. We fail to understand the relevancy of filing of these documents in its entirety. The document filed at page no. 557 to the affidavit is an Office Memorandum pertaining to National Mission for Clean Ganga dated 03.11.2021. The affidavit does not explain what is its relevancy as it only refers to certain meetings of the NMCG held on 15.11.2021 with which this Tribunal is not concerned. This Tribunal has recklessly been burdened with these documents. The only document in this entire body of compliance report is the one which has been filed as Annexure A2 running from page nos. 614 to 622 of the paper book, which alone was required to have been filed.
15. We find that the Deputy Director, Urban Development and Housing Department, Govt. of Jharkhand, has deliberately burdened this Court with unnecessary documents. We, therefore, reject this compliance report and impose a cost of Rs. 5,000/-(Rupees Five Thousand) upon the Deputy Director, Urban Development and Housing Department, Govt. of Jharkhand, and direct him to file a proper affidavit containing only the requisite documents before the 5 next date of listing. The said amount of cost shall be deposited with the Registrar, National Green Tribunal before the next date of listing.
16. The Tribunal vide its order dated 29.09.2021 had given certain directions in para 8 and 9 of the order which does not find mention in the affidavit filed by the Urban Development and Hosing Department. We had also directed the Chief Secretary, Govt. of Jharkhand to file an affidavit of compliance.
17. Let such affidavit be filed before the next date of listing.
18. List on 09.03.2022.
.....................................
B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM January 25, 2022 Original Application No. 139/2017/EZ AK 6