Andhra Pradesh High Court - Amravati
Cbmwtf Association Of Andhra Pradesh vs The Union Of India on 1 October, 2019
Author: C.Praveen Kumar
Bench: C.Praveen Kumar, M.Satyanarayana Murthy
1
HON'BLE THE ACTING CHIEF JUSTICE C. PRAVEEN KUMAR
AND
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14181 of 2019
ORDER:(Per Hon'ble The Acting Chief Justice C.Praveen Kumar)
1. The present Writ Petition came to be filed, seeking the following relief:
"For the reasons stated in the accompanying affidavit, it is prayed that this Honourable court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the impugned inaction of the respondent Board in considering the representation of the petitioner for implementation of the Revised Guidelines of the Central Pollution Control Board for Establishment of Bio Medical Waste Management Facilities in India, 2016 in consonance with the Bio Medical Waste Management Rules, 2016 and the related Environmental Laws in their letter and spirit, as arbitrary, illegal, high handed, capricious and violate the fundamental rights guaranteed to the petitioner herein under Articles 14, 19(1)(g) and 21 apart from being in violation of the Statutory Guidelines framed by the 2nd respondent for Common Bio Medical Waste Treatment and Disposal Facility under the Bio Medical Waste Management Rules, 2016 while exercising its power under the Environment (Protection) Act, 1986 and also in violation of principles of natural justice and fair play and consequently direct the respondents to strictly adhere to the provisions of Revised Guidelines framed for Common Bio Medical Waste Treatment and Disposal Facility under the Bio Medical Waste Management Rules, 2016 in exercise its power under the Environment (Protection) Act, 1986 by conduct of gap analysis study and also the adequacy of the existing Common Bio Medical Waste Treatment Facility, i.e., of existing facilities and if found necessary for a new facility or for any enhanced capacity to permit the new facility to proceed with its request for establishment and operations of the Bio Medical Waste Treatment Facility in tune the implementation of the Revised Guidelines for the Common Bio Medical Waste Treatment and Disposal Facilities as approved by the Central Pollution Control Board, 2016 in its letter and spirit noticing the adequacy of the existing facility and without 2 effecting the feasibility, viability of the existing facility and pass such other order or order as may be deemed fit and proper in the circumstances of the case."
However, the learned Counsel for the petitioner restricts his prayer seeking a direction to conduct Gap Analysis Study for establishment and operation of Bio Medical Waste Treatment Facility in consonance with Revised Guidelines for the Common Bio Medical Waste Treatment and Disposal Facilities as approved by the Central Pollution Control Board, 2016.
2. Learned Standing Counsel for the Andhra Pradesh State Pollution Control Board, would submit that the Gap Analysis Study, as per the Central Pollution Control Board Guidelines, would be conducted in the entire state provided reasonable time is given.
3. In the light of the submission made by the learned standing counsel appearing on behalf of the A.P. Pollution Control Board that a gap analysis study would be conducted, and as the petitioner restricts his prayer seeking to conduct gap analysis study for implementation of revised Guidelines for the Common Bio Medical Waste Treatment, without expressing any opinion on merits of the case, this writ petition can be disposed of directing the Pollution Control Board to conduct gap analysis in accordance with law.
4. Accordingly, the Writ Petition is disposed of, directing the A.P. State Pollution Control Board to conduct gap analysis study for implementation of Revised Guidelines for the Common Bio Medical Waste Treatment and Disposal Facilities as approved by the Central Pollution Control Board, 2016, in accordance with law, within a period of four (4) months from the date of receipt of a copy of this order. No order as to costs. It is made clear that if 3 any fresh application is made, the same shall be dealt with in accordance with law.
As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_______________________ C. PRAVEEN KUMAR, ACJ _____________________________ M.SATYANARAYANA MURTHY, J Dt: 01.10.2019 Akc/Nn ` 4 HON'BLE THE ACTING CHIEF JUSTICE C. PRAVEEN KUMAR AND HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.14181 of 2019 Dt: 01.10.2019 Nn/Akc