National Green Tribunal
Sushil Raghav vs Secretary on 5 December, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Hybrid Mode)
Original Application No. 334/2021
(I.A. No. 272/2022)
Sushil Raghav & Ors Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 05.12.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. R. Venkataraman, Advocate
Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
Mr. Sanjeet Paliwal, Advocate for Santosh Medical College
ORDER
1. Grievance in this application is against non-compliance of statutory norms by private hospitals at Ghaziabad, Uttar Pradesh - Respondents Nos. 8 to 21 - Meenakshi Hospital, Yashoda Superspeciality Hospital, Max Hospital, Le Crest Hospital, Santosh Medical College, Aarogya Hospital, Aditi Hospital, Paras Hospital, Clearmedi Hospital and Cancer Centre, Vasundhara Hospital, Shanti Gopal Hospital, Yashoda Hospital.
2. According to the applicant, the said hospitals are discharging untreated effluents into the drains meeting Hindon River which then meets River Yamuna which finally meets River Ganga. They are not having requisite consent to establish and consent to operate and are also 1 extracting groundwater without requisite permission. They are non- compliant with the Bio-medical Waste Rules, 2016. The statutory authorities - UP State PCB and District Magistrate, Ghaziabad have failed to perform their statutory obligation of taking action against such noncompliance.
3. Vide order dated 16.12.2021, the Tribunal sought a factual report from joint Committee of CPCB, UP State PCB and District Magistrate, Ghaziabad. The joint Committee was to undertake visit to the site, interact with the stakeholders and take remedial action after ascertaining performance of the common bio-medical waste treatment facilities in the area.
4. The matter was last considered on 5.7.2022 in the light of report of the joint Committee dated 01.07.2022 giving the compliance status of the 14 bio-medical facilities as follows:-
Sr. Name of No. CTO BMW Status of Sample Analysis Observation No. Hospital of Authorizat ETP/STP during visit Beds ion
1. M/s. 30 31.07.2023 31.07.2023 ETP HCF is complying a. HCF should Meenakshi Installed with general implement bar Hospital, 13- standards code system as 12, stipulated in per BMW Anand Vihar, Schedule II Rules, 2016 Kaushambi, Of BMWM b. Proper logbook Ghaziabad Rules,2016 with regards to for discharge operation of into public sewers ETP should be maintained
2. M/s. 300 31.12.2023 31.12.2023 STP/ETP HCF is Overall compliance Yashoda Installed complying with with regards to Super general standards BMW Rules and Specialty stipulated in other Hospital, Schedule II environmental Kaushambi, Of BMW norms was found Ghaziabad Rules,2016 to be satisfactory.
for discharge into public sewers
3. M/s. Max 436 31.12.2023 31.12.2023 STP/ETP HCF is Overall compliance Hospital, W- Installed complying with regards to 3, Near with general BMW Rules and Radisson standards other Blu Hotel, stipulated in environmental Sector-1, Schedule II of norms was found Vaishali, BMW Rules,2016 to be satisfactory.
Ghaziabad for discharge
into public sewers
2
4. M/s. Flores 100 31.07.2021 25.10.2022 ETP HCF is a. HCF should
Hospital, G- Installed complying ensure timely
350, with general Disposal of
Pratap Vihar standards BMW waste
Road, G- stipulated in through
Block Sector- Schedule II CBWTF as per
11, Of BMWM BMW Rules,
Pratap Vihar, Rules,2016 2016.
Ghaziabad for discharge
into public sewers b. HCF should bar code system as per BMW Rules, 2016.
5. M/s. Atlanta 100 No No HCF is a. During Hospital, Plot complying inspection, ETP No-NH-01, with general was Found not Sector-14, standards operational.
Vasundhara, stipulated in
Ghaziabad Schedule II b. HCF should
Of BMWM implement Bar
Rules, 2016 code System as
for discharge Per BMW Rules,
into public sewers 2016.
c. BMW Should be
segregated
properly and
training of staff
handling BMW
waste is
required.
d. HCF have no
dedicated
common
storage room
for temporary
storage of BMW
within
premises.
e. Height of stack
attached with
DG is not as per
norms.
f. HCF has no
Valid CTO and
BMW
Authorization
from UPPCB.
g. The hospital not
provided
appropriate
pretreatment
facility for
laboratory
generated liquid
chemical waste.
h. Records was not
maintained
properly and
training of staff
handling BMW
3
waste is
required.
6. M/s. Le 100 31.07.2023 31.07.2023 STP/ETP HCF is a. HCF should
Crest Installed complying implement Bar
Hospital, Plot with general code System as
No-INS-13, standards Per BMW
Budh stipulated in Rules, 2016
Chowk, Schedule II b. During
Sector- Of BMWM inspection,
4,Vasundhar Rules, 2016 chemical
a,Ghaziabad for discharge dosing system
into public sewers in ETP was not
operational.
c. BMW should
be segregated
properly and
training of staff
handling BMW
waste is
required.
7. M/s. 150 No No ETP Sample could a. Unit has not
Santosh Dent found not be obtained Valid
Medical al under collected as CTO/ BMW
College, Chai construc there was no authorization
170, Sector- r tion discharge from Board
12, b. Bar Code
Block-J, facility not
Pratap being used.
Vihar,
Ghaziabad
8. M/s. 100 31.12.2020 31.07.2023 ETP HCF is Bar Code facility
installed complying not being used.
Aarogya with general
Hospital, standards
NH-01, stipulated in
Sector-6, Schedule II of
Vaishali, BMWM Rules,
Ghaziabad 2016 for
discharge
Into public sewers
9. M/s. - - - Closed -
Aditi
Hospital,
Plot
No-117,
Kaling Marg,
Sector-4,
Vaishali,
Ghaziabad
10. M/s. 50 31.07.2023 31.07.2023 STP/ETP HCF is Bar Code facility
Installed complying with not being used.
Paras general standards
Hospital, stipulated in
Schedule II of
Plot BMWM Rules,
No-130, 2016 for
Kaling Marg, discharge
Sector-4, into public sewers
Vaishali, HCF
Ghaziabad
11. M/s. 100 31.07.2023 31.07.2023 STP/ETP HCF is Bar Code facility
Clearmedi Installed complying with not being used.
general standards
4
Hospital stipulated in
Schedule II of
and BMWM Rules,
Cancer 2016 for
Centre, HC- discharge
1; Sector-15, Into public sewers
Vasundhara,
Ghaziabad
12. M/s. 50 31.07.2023 31.07.2023 ETP HCF is a. HCF should
Vasundhara installed complying with implement bar
Hospital, 5, general standards code system for
NH- stipulated in BMW.
1, Dr. Br Schedule 11 of
Ambedkar BMWM Rules, b. No record is
Road; 2016 for provided by
Near Ata I discharge HCF regarding
Chowk, into public sewers
generation and
Sector-15,
disposal of
Vasundhara,
BMW.
Ghaziabad
c. There was-no
provision given
for appropriate
category wise-
storage room.
Small area
below the floor
is treated as
storage area.
d. The hospital
not provided
appropriate
pre-treatment
facility for
laboratory
generated
liquid chemical
waste.
13. M/s. Shanti 100 31.07.2022 31.10.2022 STP HCF is a. HCF should
Gopal installed complying with implement bar
Hospital, Plot general standards code system
NO-NH-01, stipulated in as per BMW
Ahinsa Schedule II of Rules,
Jhand-02, BMWM Rules, 2016.
Indirapuram 2016 for discharge
Ghaziabad into public sewers b. HCF have no
dedicated
common storage
room for
temporary
storage of BMW
Within
premises.
14. M/s. 310 31.12.2022 31.12.2022 ETP cum HCF is a. HCF should
Yashoda. STP complying with ensure bar code
Hospital, Installed general standards system as per
3rd, Nehru stipulated in BMW Rules,
Nagar Schedule 11 of 2016.
Stadium BMWM Rules, b. BMW should
Nehru Nagar, 2016 for discharge be segregated
Ghaziabad into public sewers properly and
training of staff
5
handling BMW
waste is required.
5. The Tribunal observed:
" xxx .....................................xxx................................xxx
6. From the above, it is seen that the four facilities - M/s. Atlanta Hospital, M/s. Yashoda Hospital, M/s. Le Crest Hospital and M/s. Santosh Medical College are non-compliant with regard to collection of waste or with regard to statutory permission. Though it is stated that environmental compensation has been recommended, the compliance of norms needs to be ensured, apart from recovery of compensation for past violations.
7. Let the State PCB take further remedial action and file compliance report. It may also put the said Facilities to notice of these proceedings, to enable them to file compliance affidavits and to show-cause why action be not taken against them for the past violations."
6. In pursuance of above, further report dated 3.12.2022 has been filed on behalf of the joint Committee by the State PCB. It is stated that notice was issued to the non-compliant units and further inspection was carried out on 31.8.2022. In view of deficiencies found, additional environmental compensation of Rs. 3,93,750/- and initiation of prosecution under the provisions of Environment (Protection) Act, 1986 has been recommended against M/s Le Crest Hospital. Thereafter, M/s Le Crest Hospital has made necessary compliance and submitted its report to Board, same has been verified on 5.11.2022.
7. With regards to recovery of environmental compensation, it is submitted that M/s Yashoda Hospital has deposited Rs 2,75,000/- against imposed environmental compensation of Rs 2,75,000/-, M/s Atlanta Hospital have deposited Rs 4,65,000/- against imposed environmental compensation of Rs 4,65,000/-, M/s Santosh Medical College has deposited Rs 26,98,750/- against imposed environmental compensation of Rs 53,97,500/- and M/s Le Crest Hospital has deposited Rs 1,95,000/- 6 against imposed environmental compensation of Rs 1,95,000/- In case of M/s Le Crest Hospital, additional environmental compensation of Rs 3,93,750/- has been recommended and same shall be levied within stipulated time
8. As against above, M/s. Santosh Medical College (the PP) has filed IA No. 272/2022 on 24.9.2022, followed by affidavit filed on 7.10.2022 contesting the action taken against it. No other PP has contested the matter. We take the report as final qua them.
9. According to the PP, environmental compensation against it is not called for, as no industrial waste is being discharged which may require ETP. Waste effluent is connected to STP on the pattern of other units. Compensation amount is not proportionate to the compensation levied on bigger hospitals operating with 100 - 300 beds. It has already paid amount of Rs. 26,98,750/- which may be refunded. In the affidavit filed, it is stated that the unit has only 150 dental chairs and patients are treated only through OPD. Still, as abandoned caution, ETP has been installed. The unit is complying with other norms.
10. We have considered the report of the joint Committee and also heard learned counsel for appearing parties.
11. Though learned counsel for the applicant submits that coercive measure be taken against non compliances found, in view of the action already taken, no further order is called for in the application. On the prayer of M/s. Santosh Medical College against compensation, we find merit in the contention against the quantum of compensation. It is not proportionate to the compensation levied in other cases and the violations noticed.
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12. Accordingly, having regard to the facts and circumstances of the case, we reduce the compensation to Rs. 2.5 lakh for the violations found. The amount recovered in excess of the said amount from M/s. Santosh Medical College be refunded within one month. The remaining compensation may be utilized for upgrading/improving the status of bio- medical waste management facilities in the area, in accordance with the District Environment Plan of the district. The State PCB and other statutory authorities may maintain constant vigilance for compliance of environmental norms by the hospitals and other healthcare facilities for compliance of Bio-Medical Waste Management Rules, 2016.
The application is disposed of.
I.A. No. 272/2022 will also stand disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahamd, EM December 05, 2022 Original Application No. 334/2021 I.A. No. 272/2022 DV 8