Jharkhand High Court
Jharkhand Human Rights Conference - ... vs The State Of Jharkhand on 21 August, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
1
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
1. The State of Jharkhand
2. The Chief Secretary, Govt. of Jharkhand
3. The Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand
4. The Director-in-Chief, Health Services, Govt. of Jharkhand
5. The Deputy Commissioner, East Singhbhum, Jamshedpur
6. The Civil Surgeon cum Chief Medical Officer, Jamshedpur
7. Jharkhand State Pollution Control Board through its Member Secretary
8. Regional Officer, Jharkhand State Pollution Control Board, Adityapur
9. Ranchi Municipal Corporation, Ranchi
10. Dhanbad Municipal Corporation, Dhanbad
11. Jamshedpur Notified Area Committee, Jamshedpur
12. Member Secretary, State Level Environment Impact Assessment Authority (SEIAA)
13. Managing Director, Medicare Environmental Management Pvt. Ltd, Hyderabad --- --- --- Respondents
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Ratnaker Bhengra
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For the Petitioner: M/s Samavesh Bhanj Deo, Shatakshi, Advocates For the Resp - State: Mr. Dhananjay Kr. Dubey, Sr. SC-1, Mr. Akshay Kr. Mahato, JC to Sr. SC-1 For the Resp - JSPCB: Mrs. Richa Sanchita, Advocate For the Resp - RMC: Mr. L.C.N. Shahdeo, Advocate For the Resp - DMC: Mr. Krishna Shankar, Advocate
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54/ 21.08.2018 Reference may be made to the order dated 12.07.2018 which also refers to the previous orders passed in this public interest litigation based on the undertakings and affidavits submitted by the stakeholders / Departments / State Pollution Control Board to make CBMWTF functional by given deadlines. Respondent Nos. 7 and 8-State Pollution Control Board has filed an affidavit thereafter.
2. As per statement made at para-3(i), CBMWTF at Lohardaga is operational. The agency Medicare is in the process of entering into agreement with the private as well as public parties. As per statement made at sub-para-(ii), CBMWTF proposed at Adityapur, Jamshedpur shall be commissioned by December 2018; application for Consent to Establish (CTE) has been submitted and is in the process; Incinerator Erection is at the final stage; construction of common area has been completed and shed for Bio-Medical Waste would be constructed after CTE is granted by the Board. Further, sub para-(iii) indicates that CBMWTF proposed at Sindri, Dhanbad would be commissioned within six months from the date of issue of CTE (expected by June 2019); EIA report has 2 been submitted to Jharkhand SEIAA on 13.07.2018.; environmental clearance from SEIAA is expected by October 2018. This facility will cover Bokaro, Dhanbad, Jamtara, Koderma, Deoghar, Dumka and Pakur districts. Board has assured that services in the area of Santhal Paragana would also be provided from this facility. This affidavit also refers to the review meeting held by the State Advisory Committee for Bio-Medical Waste Management on 30.07.2018 under the Chairmanship of Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand. Minutes of the meeting are enclosed as Annexure-B. In the meeting, review of progress on the decision taken by the State Advisory Committee in its last meeting and the delay in establishing this common treatment facility in the State were discussed. The agency Medicare was instructed to submit the reasons for the delay in establishment of CTF Plant at three sites within a week. JSPCB was also instructed to submit SOP regarding application for authorization for generation, collection, transportation and disposal of Bio-Medical Waste. SEIAA was also directed to submit SOP of different activities related to establishment of CTF in the State. The Committee approved the rate for cleaning and disposal i.e. Rs. 7/- per bed per day subject to review after six months of operation. The rate will be effective from August 2018; rate for non-bedded clinics and blood bank would be decided in the next meeting in consultation with IMA, Private Hospital Association, JSPCB & Operator of CTF. Jharkhand State Pollution Control Board (JSPCB) was instructed to display the application process for grant of CTO on its website. All Deputy Commissioners were also directed to ensure monitoring of compliance of Bio-Medical Waste Management Rules, 2016. Director-in-Chief, Health Services and representatives of Jharkhand State Pollution Control Board would visit the CTF Plant at Lohardaga and Ramgarh and submit their report within ten days; timely collection of solid non-infectious waste from both Government and Private Hospitals should be done by concerned municipality / municipal corporation for proper disposal, for which hospitals should ensure proper segregation of general and Bio-Medical Waste at the site of generation; waste of Animal Husbandry and Veterinary Clinics also needs to be disposed, as per the Rules of 2016. The Committee proposed that the Department of Agriculture and Animal Husbandry should issue appropriate instructions to ensure compliance. Further, for monitoring the movement of vehicles collecting and transporting the Bio-Medical Waste, the GPS system needs to be linked with JSPCB. The Member Secretary of the Board has, through letter dated 14.08.2018, submitted SOP to the Principal Secretary, Department of Health, Medical 3 Education and Family Welfare (Annexure-C). The affidavit of the Pollution Control Board however does not enclose the SOP.
3. A supplementary counter affidavit has been filed on behalf of the Respondent Health Department. The affidavit of the State also encloses the Minutes of the meeting of State Advisory Committee dated 30.07.2018, taken note of above. It encloses the Environment Impact Assessment (EIA) Notification 2006, as amended up to 13.12.2012 which delineates the stages in the Prior Environmental Clearance (EC) Process for new projects. This activity falls under category-B in respect of which, SEAC can grant environmental clearance. Different stages are;
i. Screening ii. Scoping iii. Public Consultation iv. Appraisal
SOP submitted by the Jharkhand State Pollution Control Board (Annexure-C) in respect of CTO are enclosed as Annexure-C. It has also submitted an explanation for the delay in establishing CTF Plant at these three places. It has also given a stage-wise procedure and period for establishment of CBMWTF.
4. Both these affidavits project deadlines as December 2018 and June 2019 for CBMWTF at Jamshedpur and Sindri. However, this is no different from the deadlines indicated in their last affidavit dated 14.06.2018 and 19.06.2018. The explanation furnished by the agency conveys that considerable time has also been consumed in the processing of environmental clearance by SEIAA.
5. We therefore consider it proper to implead State Environment Impact Assessment Authority (SEIAA) through its Member Secretary as Respondent. Learned counsel Mr. Bhanu Kumar accepts notice on behalf of SEIAA and undertakes to obtain instruction in this regard. Learned counsel for the petitioner shall supply copy of the writ petition and affidavits starting from 06.02.2018 filed by the respective parties, to the learned counsel for SEIAA by Friday and receipt thereof be filed in the Registry.
Let the agency M/s Medicare Environmental Management Pvt. Ltd through its Managing Director be also added as Respondent. Let service of notice be effected through Jharkhand State Pollution Control Board through its Member Secretary on M/s Medicare Environmental Management Pvt. Ltd. and receipt thereof would be filed in the Registry within two weeks. Copy of the writ petition and affidavits filed on 06.02.2018 and thereafter be supplied to the newly added 4 Respondent by the Board. Let such addition be made by the learned counsel for the petitioner during course of the day.
6. We are of the view that in tune with the decision taken by the State Advisory Committee, required instruction be also issued by the Department of Health to all such municipalities / Municipal Corporation from where Bio- Medical Waste is to be lifted by the agency. All efforts should be made by each stakeholders to ensure early commissioning of CBMWTF, however, in accordance with law.
7. Let the case appear on 09.10.2018 as unfixed case. State Government, Jharkhand State Pollution Control Board, SEIAA and M/s Medicare Environmental Management Pvt. Ltd would file the progress report by that date. Affidavit should be filed by previous Friday of the week in which the matter is posted, failing which concerned Respondent will have to pay a cost.
8. Let a copy of the order be given to the learned counsel for the State.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/