Jharkhand High Court
Jharkhand Human Rights Confere vs State Of Jharkhand & Ors on 29 June, 2017
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, B.B. Mangalmurti
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 1385 of 2012
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Jharkhand Human Rights Conference - JHRC --- --- --- Petitioner
Versus
The State of Jharkhand & others --- --- --- Respondents
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh
The Hon'ble Mr. Justice B.B. Mangalmurti
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For the Petitioner: Mr. Samavesh Bhanj Deo, Advocate
For the Resp - State: Mr. Dhananjay Kr. Dubey, Sr. SC-1
For the Resp - JSPCB: M/s Anil Kr. Sinha, Sr. Advocate Richa Sanchita, Advocate
For the Resp - RMC: Mr. L.C.N. Shahdeo, Advocate
For the Resp - DMC: Mr. Krishna Shankar, Advocate
For the Resp - JNAC: Mr. Amrendra Kumar, Advocate
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48/ 29.06.2017Learned Senior Standing Counsel No. 1 Mr. Dhananjay Dubey submits that a supplementary counter affidavit has been filed by the Secretary, Health Department pursuant to the order dated 08.02.2017 enclosing the Gazette Notifications of Jharkhand State Clinical Establishments (Registration and Regulation) Rules, 2013. In the said affidavit, the Respondent Department have also stated that pursuant to public notices after publication of the Rules, several clinics, nursing homes, etc. covered under the Rules, have been registered. Steps have also been taken in respect of clinics, nursing homes who have not yet been registered. At present, 3649 applications for registration of clinics, nursing homes, etc. have been approved till 03.03.2017; 204 applications have been rejected; 1169 applications are pending; 14 clinical establishments have reapplied; 82 registrations have been cancelled; 09 establishments have surrendered and 227 establishments have applied for renewal. Learned counsel for the State submits that a mechanism have been put in place in furtherance of aim and object of Clinical Establishments (Registration and Regulation) Act, 2010 and Rules of 2013 framed by the State of Jharkhand. The Respondent Department and District registering authorities are constantly monitoring the implementation of the provisions of the Act and Rules.
2. On the part of the State Pollution Control Board, it has been stated that one M/s Bio Genetics Laboratory Private Limited has been entrusted with the task of running 2. common Bio-Medical Waste Treatment Facilities at Lohardaga, Jamshedpur, Bokaro and Ranchi which shall cover all the districts of the State. Company has been authorized for collection, reception, treatment, storage, transportation and disposal of Bio-Medical waste. Learned counsel for the Board submits that Company is now required to take clearances from different statutory authorities for setting up the facilities at the designated places.
3. Learned counsel for the Board, on being asked, has submitted that instrument of formal engagement of the Company containing various terms, conditions, duties, liabilities and responsibilities, would also be brought on record. Further progress in respect of setting up of Common Bio Waste Treatment Facilities (CBWTF) would also be brought on record by the next date. The Respondent Department and the Board would also indicate the mechanism by which, performance of the Company can be regularly monitored and supervised. At present, CBWTF are being created in four districts to cater to the entire State. The issue relating to collection of such waste material from far off districts, towns and their transportation on regular basis, are required to be closely monitored. Therefore, the Respondent Department and the Board would also be required to convey their stand on this aspect. Respondents would also indicate the likely time-line within which, such facilities would be created. Affidavit in that regard be filed well before that date.
4. List the case accordingly after four weeks in the first week of August 2017.
(Aparesh Kumar Singh, J) (B.B. Mangalmurti, J) Ranjeet/