Jharkhand High Court
Jharkhand Human Rights ... vs State Of Jharkhand & Others on 30 January, 2023
Author: Aparesh Kumar Singh
Bench: Deepak Roshan, Aparesh Kumar Singh
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 1385 of 2012
Jharkhand Human Rights Conference-JHRC, Jamshedpur
..... Petitioner
Versus
State of Jharkhand & others ..... Respondents
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CORAM: Hon'ble The Acting Chief Justice Hon'ble Mr. Justice Deepak Roshan
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For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mr. Ashok Kr. Yadav, Sr. S.C.-I Mr. Rituraj, AC to Sr. S.C.-I For the Respondents : Mr. L.C.N. Shahdeo, Advocate For the Resp.-JSPCB : Ms. Richa Sanchita, Advocate Ms. Pinky Shaw, Advocate For the Resp.-RIMS : Dr. Ashok Kr. Singh, Advocate For the Resp. No. 13 : Mr. Amit Kr. Sinha, Advocate
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63/ 30.01.2023 Matter has been effectively taken up after three years. Last order is dated 17th January, 2020. We have before us one affidavit of the State Level Environment Impact Assessment Authority (SEIAA) filed on 25th January, 2023, which seeks to give an update on the status of the Common Bio-Medical Waste Treatment Facility (CBMWTF), which are functional or are being in the process of being set up in the State, in the form of a Tabular chart.
2. Learned counsel for the SEIAA and the State Pollution Control Board have informed us that the CBMWTF are functional at Lohardaga, Seraikella Kharsawan, Ramgarh and Dhanbad. Regarding the rest sanctioned CBMWTF facility (Common Bio-Medical Waste Treatment Facility) at Pakur and Deoghar, the following remarks have been made by the SEIAA:
List of Common Bio-Medical Waste Treatment Facility, Jharkhand Sl. Name of Date & Date of SEAC Date of EC/ToR Date of Date of Date of SEIAA Remarks No Projects Applicati meeting in SEIAA Application SEAC meeting in which . on which the meeting submitted meeting in decision was submitted proposal was in which for which the taken for EC for ToR appraised/recom decision EIA/EMP proposal mended for was was EC/Tor taken for appraised/r EC/ToR ecommende d for EC 5 Common 15.02.20 93th meeting of 94th ToR 23.11.22 99th - Clarification Bio 22 ToR SEAC dated meeting Granted EIA/EMP Meeting of sought from PP Medical 18th -27th of Proposal SEAC, During the Waste February, 2022 SEIAA, No: dated- 07th - presentation the 2 Treatment dated - SIA/JH/IN 11th following th th Facility of 13 -15 FR/A2/406 December, documents were M/s April, 943/2022 2022 sought:
Greenland 2022 i. The criteria for the selection of the site Waste is to be provided. Manageme ii. TCLP test to be nt conducted for Enterprises project site & finding to be (GWME) at submitted.
Mauza:
iii. Site layout Beliadanga, shown was not clear.
P.S. Clear layout plan
showing location of
Maheshpur,
RWH pits, STP and
Dist: Pakur, green belt at the
project site is to be
Jharkhand
provided. Pictorial
(Proposal evidence of the
same to be provided.
No.
SIA/JH/MI iv. Details of air
pollution control
S/71665/20
device to be
22 provided.
v. The impacts due
to the project on the
environment and the
corresponding
mitigation measures
have not been
adequately provided.
The impacts has to
be re-assessed and
the corresponding
mitigation measures
has to be provided in
details.
vi. Specific area for
handling including
segregation of
BMW waste to be
defined and included
in site plan.
vii. Details of
hospitals feeding
BMW waste to said
facility to be
provided.
viii. The BDL
values of the water
parameters analyzed
to be provided.
ix. Ecological
Damage assessment
& remediation plan
and natural &
community resource
augmentation plan
has to be re-worked
as per MoEF&CC
OM | dated
28.01.2022 and
latest CPCB
guidelines.
6. Common 24.03.20 94th Meeting of 95th ToR
Bio- 22 SEAC, dated- Meeting Granted
th th
Medical ToR 10 - 14 May, of
Waste 2022 SEIAA
Treatment dated -
and 14th , 15th
Disposal & 16th
Facility of June,
M/s Prakriti 2022
Waste
3
Manageme
nt, village:
Ambatari,
Thana:
Rikhiya,
Tehsil:
Mohanpur,
distt.:
Deoghar,
Jharkhand
(Proposal
No:
SIA/JH/MI
S/73348/20
22
3. Regarding the setting up of the CBMWTF at Dumka, Khunti, Dhanbad, Palamau and Bokaro, it is indicated that the agencies have been delisted from the Parivesh portal of the Ministry of Environment and Forest and Climate Change due to non- compliance of the conditions stipulated by SEIAA, such as essential documents sought (EDS). As on date, there are two agencies in the process of setting up the CBMWTF at Pakur and Deoghar.
4. Learned counsel for the respondent SEIAA, the State Government and the State Pollution Control Board are required to give us an update as to the progress made in that regard. Respondent State would also see whether the concerned agencies nominated to set up CBMWTF at Pakur and Deoghar are serious in complying with the conditions laid down by the SEIAA or not.
5. Matter is adjourned for three weeks. List it immediately thereafter.
(Aparesh Kumar Singh, A.C.J.) (Deepak Roshan, J.) sm/pramanik.