National Green Tribunal
Environment Protection And Anti ... vs The Government Of Tamilnadu Rep By Its ... on 7 July, 2022
Bench: K Ramakrishnan, K. Satyagopal
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It is submitted that the Hon'ble NGT (PB) has passed order dated 28.02.2020
and directed inter alia that:
"In view of the above, let further action be taken for violations, including
assessment and recovery of compensation. In view of violations noticed in respect of
large number of establishments, it will be appropriate that the State of Tamil Nadu
ascertains the status of compliance of the Rules throughout the State by all such
establishments within three months from today and furnish a further report before this
Tribunal by email at [email protected]. The same may now be looked into by the NGT
Southern Bench at Chennai. For this purpose, the proceedings will stand transferred to
the NGT Southern Bench and may now be listed for further hearing before the NGT
Southern Bench."
3. It is submitted that the Hon'ble NGT (SZ) has passed order dated 24.12.2020
and directed inter alia that:
"That is how the matter has been taken by this Tribunal for further
consideration. The matter was taken up on 17.11.2020 and same was adjourned by
notifications as there was no sitting and thereafter, on 08.12.2020 the matter was
adjourned to today by notification.
Considering the fact that there are violations of EIA Notification as well, we
feel that Ministry of Environment Forests and Climate Change (MoEF & CC), New
Delhi also to be impleaded as additional 8th respondent. So, Ministry of Environment
Forests and Climate Change (MoEF & CC), New Delhi is Suo-Motu impleaded as additional 8th respondent. Office is directed to carry out the amendment.
The learned counsel appearing for the Pollution Control Board submitted that enquiries have already been initiated by the regulators with the concerned Medical and Dental Institution for further action to be taken for their violation and if some time is granted, they may be able to come with the further action taken report in this regard.
The Registry is directed to communicate this order to the above Officials and other official respondents and also to the Tamil Nadu State Pollution Control Board immediately through e-mail so as to enable them to comply with the direction".
5. It is respectfully submitted that, there are 8 Numbers of private medical colleges in Salem District as reported below:
1. M/s. Vinayaga Missions Kirupananda Variyar Medical College & Hospital,
2. M/s. Annapoorna Medical College & Hospital
3. M/s. Vinayaka Mission's Sankarachariya Dental College.
4. M/s. Penang International Dental College - A Vinayaga Mission Research Foundation
5. M/s.Vinayaka Missions Homoeopathic Medical College & Hospital
6. M/s. Sivaraj Siddha Medical College
7. M/s. Sivaraj Homoeopathic Medical College And Research Institute
8. M/s. Sivaraj Naturopathy And Yoga Medical College
6. It is respectfully submitted that the present status of the Medical college and Hospitals in Salem District is submitted below:
ABSTRACT OF THE MEDICAL COLLEGE AND HOSPITALS IN SALEM S.No Name and Address Status of EC Status of Status of BMW Action taken by the of the Facility consent Authorization Board Built- EC Validity Validity up Required/ 6 (Sq.M) Not Required 1 M/s. Vinayaka More EC Environmental Authorization A case has been filed Mission Super than Required Clearance has not obtained by the Board under Speciality Hospital 20000 and not not been since Environ the provision of P Ltd, NH-47, Sq.M obtained obtained. It is mental Environmental Sankari Main Road, reported that Clearance and (Protection) Act, Veerapandi, the unit has consent of the 1986 before the Salem-636308. filed Board have not Hon'ble Judicial application been obtained Magistrate, Salem before SEIAA C.C.No. 148/2014 for to be obtain EC violation. The EC. next hearing is posted on 15/02/2021 2 M/s. Annapoorna More EC Environmental Authorization The unit has remitted Medical College than Required Clearance has not obtained Rs.8,55,000/-
Hospital, 20000 and not not been since Environ towards NH-47, Sq.M obtained obtained. It is mental Environmental Sankari Main Road, reported that Clearance and Compensation for not Veerapandi, the unit has consent of the complying direction Salem-636308. filed Board have not of the Board. A case application been obtained has been filed by the before SEIAA Board under the to be obtain provision of EC. Environmental (Protection) Act, 1986 before the Hon'ble Judicial Magistrate, Salem for EC violation and it is to be admitted.
3 M/s.Vinayaka 11906.3 EC Not Consent order BMW Nil
Mission 6Sq.M Required issued with Authorisation
Sankarachariyar validity upto issued with
Dental College, 31.03.2022 validity upto
S.F.No.211/2B, 3B, 31.03.2022
212/1B9., etc
Veerapandi Village,
Salem South Taluk,
Salem District -
636308
4 M/s. Penang 11004.0 EC Not Consent order Not applicable Nil
Internation Dental 7 Sq.M Required issued with since it is an
College /Vinayaka validity upto academic
Mission Rsearch 31.03.2029 facility only and
Foundation, not generating
S.F.No.97/2A2(p), any Bio medical
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etc waste.
Veerapandi Village,
Salem South Taluk,
Salem District -
636308
5 M/s. Vinayaka 6612.96 EC Not Consent order BMW Nil
Missions Sq.M Required issued with Authorization
Homeopathic validity upto issued with
Medical College & 31.03.2080 validity upto
Hospital, 31/03/2022
S.F.No.1B1B,
Veerapandi Village,
Salem South Taluk,
Salem District -
636308.
6 M/s. Sivarai 2845.9 EC Not Consent order BMW Nil
Homeopathic Sq.M Required issued with Authorisation
Medical College validity upto issued with
and Research 31/03/2026 validity upto
Institute, 31/03/2026
Thumbathulipatty,
Perumampatty
Post,
Salem West Taluk,
Salem District -
636307.
7 M/s. Sivaraj Siddha 4981.5 EC Not Consent order BMW Nil
Medical College, Sq.M Required issued with Authorisation
Thumbathulipatty, validity upto issued with
Perumampatty 31/03/2026 validity upto
Post, 31/03/2026
Salem West Taluk,
Salem District -
636307.
8 M/s. Sivaraj 3740.6 EC Not Consent order Not Applicable- Nil
naturopathy and Sq.M Required issued with Since it is an
Yoga Medical validity upto academic
College, 31/03/2028 facility only and
Thumbathulipatty, not generating
Perumampatty any Bio Medial
Post, waste
Salem West Taluk,
Salem District -
636307.
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7. It is further submitted that, the Board has taken necessary action against the two Medical Colleges located in the Salem District for the violations. There is no violation in respect of the remaining six Medical Colleges.
9Under the provisions of the EIA Notification, 2006, Environment Clearance for Building and Construction Projects is covered under entry 8 (a) of the Schedule to the EIA Notification, 2006. The entry 8(a) of the Schedule of EIA Notification 2006 as follows:
Building and Construction projects greater than 20000 sq. mtrs and less than 150000 sq. mtrs of built-up area falls in Category B, which requires prior Environmental Clearance from State Environment Impact Assessment Authority and greater than 150000 sq. mtrs of built-up area falls in Category A which requires prior Environmental Clearance from Central Government.
Thereafter vide Gazette Notification No. S.O. 3252 (E) dated 22.12.2014, the Ministry of Environment, Forest and Climate Change has exempted the School, College and Hostel for educational institution from obtaining prior Environment Clearance under the provisions of the EIA Notification, 2006 subject to Sustainable Environmental Management. Vide F. No.19-2/2013-IA-III.The Ministry clarified that in case of medical universities/institutes the component of Hospitals will continue to require prior Environment Clearance.
Bio Medical Waste Management Rules, 2016 shall apply to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio medical waste in any form including hospitals, nursing homes, clinics dispensaries, veterinary institutions, animal houses, pathological laboratories, blood banks, Ayush hospitals, clinical establishments, research or educational institutions, health camps, medical or surgical camps, vaccination camps, blood donation camps, first aid rooms of schools, forensic laboratories and research labs.
Observation:
The present status of the 8 Buildings are as below in Table:10
S.N Name of facility Built Present
Present Stof AuthorizationS Action taken
o up area/status of Status Status of BMW
EC
Authorisation
1. M/s Greater Presently BMW TNPCB
Vinayaka Mission than ToR has Authorization filed a
Super Specialty 20000 Sq.M.(1367 been obtai is required but not complaint und
ned from er Section
Hospital, 00 Sq.M.) SEIAA obtained 200 of
Sankari Mai under violation since consent CPR for
n Prior EC is category and waiting from TNPCB offence u
Road, Veera required for EC. was not given nder
pandi, but Consent order due to Section 1
Salem- not obtaine from TNPCB the non 5 & 16
636308 d by the can only obtainment of EPAct,
project pro obtained after of prior EC. 1986
ponent. getting EC. before
the Hon'b
le
Judicial
Magistrate
Court,
Salem
2. M/s Greater Presently BMW TNPCB
Annapoorana than EChas been obtained Authorization filed a
20000 Sq.M from SEIAA is required complaint
Medical under violation but under
College Hos (103374.17 category not obtained Section 2
pital, Sq.M.) after remittance since consent 00 of
Sankari Mai of Environmental C from TNPCB CPR for
n Prior EC is ompensation. was offence u
Road, Veera required not obtained. nder
pandi, but Section 1
Salem- not obtaine 5 & 16
636308. d by the of EPAct,
project pro 1986
ponent. before
the Hon'b
le
Judicial
Magistrate
Court,
Salem
3. M/s Less EC not required. BMW Nil
Vinayaka M than 20000 Consent Authorization
ission from TNPCB
Sankarachar Sq.M obtained obtained
iya Dental
College Vee Prior
rapandi, EC not
Salem- required
636308
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4. M/s Less EC not required. BMW Nil.
Penang Inte than 20000 Authorization
rnational Consent is not
Dental Sq.M from TNPCB required
College/ Vin obtained since it is
agaya Prior an education
Mission EC not al/acade
Research required mic
Foundation institution an
Veerapandi, d no
Salem- bio medical
636308. waste
is generating.
5. M/s Less EC not required. BMW Nil
Vinayaka M than 20000 Authorization
ission Consent
Homeopathic Sq.M from TNPCB obtained
obtained
Medical Prior
College EC not
Veerapandi, required
Salem-
636308
6. M/s Sivaraj Less EC not required. BMW Nil
Homeopathi than 20000 Authorization
c Consent from
Medical Sq.M obtained
College and
Research Prior TNPCB
Institute EC not obtained
Thumbathulipatt y, required
Perumampatty P.O,
Salem 636307
7. M/s Sivaraj Siddha Less EC BMW Nil
Medical College, than 20000 not required. Authorization
Thumbathulipatt y,
Perumampatty P.O, Sq.M obtained
Salem 636307 Consent
Prior from TNPCB
EC not
required obtained
8. M/s Naturopathy and Less EC BMW Nil
Yoga Medical than 20000 not required. Authorizatio
College Thumbathulipa n is not
tt Sq.M Consent required
y, Perumampatty P.O, from TNPCB since it is
Salem 636307 Prior an education
EC not obtained al/acade
required mic
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institution a
nd no
bio medical
waste
is generatin
g.
The 2 institutions Viz. M/s Vinayaka Mission Super Specialty Hospital and M/s Annapoorana Medical College Hospital had applied for Environmental Clearance under violation category and in line with MoEF Notification S.O. 804(E) dated 14.03.2017 and S.O. 1030(E) dated 08.03.2018.13 14 15
"ACTION TAKEN REPORT FILED BY THE TAMIL NADU POLLUTION CONTROL BOARD It is respectfully submitted that, there are 8 medical/dental colleges in Salem district, out of which the nature of activity of the 2 private medical colleges which are reported as not generating Bio medical waste are as follows:
a. M/s. Penang International Dental College - A Vinayaga Mission Research Foundation The unit of M/s. Penang International Dental College / Vinayaga Mission Research Foundation located at S.F.No. 97/2A2(P) etc, Veerapandi Village, Salem South Taluk, and Salem District is a dental college involving only with course handling theory coaching and no practical coaching carried for the students. No trade effluent and No Bio Medical waste are generated from their premises. The unit has obtained consent to operate vide proc dated: 26.07.2019 valid for the period upto 31.03.2029. BMW authorization is not required since it is an educational institution and no bio medical waste is generated in the institution.
b. M/s. Sivaraj Naturopathy and Yoga Medical College The unit of M/s. Sivaraj Naturopathy and Yoga Medical College located at SF No. 42/1, Thumbathulipatti Village, Salem West Taluk and Salem District is an existing Naturopathy and Yoga Medical College offering naturopathy and yoga course to students. No trade effluent and no Bio Medical waste are generated from their premises. The unit has obtained consent to operate vide proc dated: 23.11.2019 valid for the period upto 31.03.2028. BMW authorization is not required since it is an educational institution and no bio medical waste is generated in the institution. . It is respectfully submitted that, out of 8 colleges, 4 colleges has obtained Bio medical Waste Authorization under Bio Medical Waste Management Rules 2016. The details of the consent and authorization issued to them are as follows:
7. It is respectfully submitted that the TNPCB has filed a complaint against the remaining 2 medical colleges M/s. Vinayaga Missions Kirupananda Variyar Medical College & Hospital & M/s. Annapoorna Medical College & Hospital under Section 200 of CrPC for offence under Section 15 & 16 of EP Act, 1986 before the Hon'ble Judicial Magistrate Court, Salem for violations of EIA Notification, 2006 and the case is still pending with the JMC Court, Salem.16
"Status report based on the directions given by Hon'ble NGT (SZ) vide Orders dated 07.07.2021 and 02.09.2021 in the matter of O.A No. 62 of2020 It is pertinent to mention here that, the MoEF&CC, New Delhi had issued an O.M. Vide F. No. 22-221/2020-IA.III dated 7.7.2021 on Standard Operating Procedure (SOP) for identification and handling of violation cases under EIA Notification 2006 in compliance to order of Hon'ble NGT in O.A. No, 34/2020 and the same is circulated to all the regulating authorities including SEIAA/SEACs of all States.
In view of the above and since the violation observed is under the category B (Building and Construction projects greater than 20000 sq.mtrs and less than 150000 sq. mtrs of build-up area falls in Category B, which require prior Environmental Clearance from SEIAA), the Integrated Regional Office of MoEF&CC, Chennai has requested SEIAA vide letter dated 4.8.2021 ;' to comply the Order of Hon'ble NGT in line with the OM No. 22-221/2020-IA.III dated 7.7.2021 of the Ministry on Standard Operating Procedure (SOP) for identification and handling of violation cases and intimate the action taken against the violators to this office (copy of the said letter is enclosed as Annexure-I). Thereafter, subsequent remainders have also been sent to SEIAA vide letters dated on 24.08.2021 & 24.09.2021 (Copies enclosed as Annexure-II & III). The response in this regard is still awaited. On receipt of the reply/action taken report from the SEIAA, the same will be submitted to the Hon'ble NGT. It is submitted that the IRO, MoEF&CC, Chennai is not entrusted with powers under Section 5 of Environment (Protection) Act."
"6. In the report submitted by the MoEF&CC, Integrated Regional Office, Chennai, they have only mentioned that they were awaiting reply from the SEIAA, Tamil Nadu for filing further report and they have also mentioned that the Integrated Regional Office, MoEF&CC, Chennai is not entrusted with powers under Section 5 of the Environment (Protection) Act, 1986.
7. If they are not having power, it is for the MoEF&CC, New Delhi to consider as to how they will have to take action, if there is any violation found and make arrangement to delegate the power to some responsible regulators to implement the same. They cannot simply say that no such powers with them. Whenever violation is found by the Regional Office, it is for them to inform the MoEF&CC, New Delhi in detail about the violation, so that they can instruct the concerned departments or even direct the Regional Office regarding the further action to be taken in this regard.
8. The learned counsel appearing for the Tamil Nadu Pollution Control Board wanted some time to file further report, as even in the earlier report mentioned above, they have stated that they will have to take further action in this regard and they will be able to file the report subsequently. They have not mentioned as to whether they have imposed the environmental compensation for the violation.
9. The SEIAA, Tamil Nadu is directed to file a further action taken report, if there is any violation found.
10.They are directed to submit the further report to this Tribunal on or before 23.12.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.17 18 19 20 21 22 23 24 25 26 27 28