Indian Kanoon - Search engine for Indian Law

minimize and virtually negate the damage caused to the environment and public health by biomedical waste, apart from creating employment opportunities for the local populace. In light of the increasing amounts of biomedical waste being generated in the country, especially after the onset of the prevailing Covid-19 pandemic, there have been several calls for establishment of CBWTF in the country on an extremely urgent basis and it is in furtherance of the intention to alleviate the harmful effects of the bio-medical waste that Respondent No. 7 decided to establish a CBWTF in District Sambhal. The CBWTF being set by Respondent No. 7 shall be equipped with all the state-of-the-art machinery and best possible pollution abating equipment and technology. It shall be capable of ensuring that minimal impact is caused to the environment as a result of the operation of the plant and the emissions generated from the plant are going to be well within the prescribed norms. The CBWTF of Respondent No. 7 shall also be a Zero Liquid Discharge (ZLD) unit. The CBWTF is being set up by Respondent No. 7 on a site, where the establishment of such a project is not prohibited by law, and as evident from the Gap-Analysis report, the project shall cater to the existing shortfall between the rate of generation of biomedical waste and its treatment.

of the operation of the plant and the emissions generated from the plant are going to be well within the prescribed norms. The CBWTF of Respondent No. 7 shall also be a Zero Liquid Discharge (ZLD) unit.

14. We have heard learned Counsel for the parties and gone through the material on record carefully.

15. In their arguments learned Counsel for the parties have reiterated their stands taken in the replies filed on their behalf.

16. Written arguments have been filed by Co-Applicant vide email dated 21.03.2023, by respondent no. 7-M/s Punchakran Pvt. Ltd. vide email dated 16.03.2023 and by respondent no. 6-UPSIDA vide email dated 18.03.2023. In all fairness to them written arguments filed are reproduced hereunder:-

(b) In case of upcoming or new CBWTFs (both in municipal limits with population more than 25 lakhs or in rural areas), the land area requirement may be relaxed (but in any case not less than 0.5 acre) by the SPCB/PCC, with additional control measures such as zero liquid discharge, increase in stack height, stringent emission norms, odour control measures or any other measures felt necessary by the prescribed authority on case-to-case basis, only in consultation with CPCB.

74. Guideline 7 of the Revised CPCB Guidelines 2020 requires that preferably, a CBWTF shall be set up on a plot size of not less than 1 acre in all the areas. A CBWTF can be developed in adjacent plots but cannot be set up in two or more different plots located in different areas. Separate O.A No. 622/2022 Aniruda Panwar Vs. MoEF & CC.

plots can be permitted only for vehicle parking if located in the close vicinity of the proposed CBWTFs or the existing CBWTFs. Guideline 7 empowers SPCB/PCC to relax requirement of land area to not less than 0.5 acre in case of upcoming or new CBWTFs in municipal limits with population more than 25 lakhs or in rural areas (i) with additional control measures such as zero liquid discharge, increase in stack height, stringent emission norms, odour control measures or any other measures felt necessary by the prescribed authority on case-to-case basis and (ii) only in consultation with CPCB. On a reading of said guideline it appears that the land area requirement can be relaxed in case of upcoming or new CBWTFs in municipal limits with population more than 25 lakhs or in rural areas and land area requirement cannot be relaxed in case of upcoming or new CBWTFs in municipal limits with population less than 25 lakhs. Further such relaxation of land area requirement is subject to two conditions (i) stipulation of Additional control measures such as zero liquid discharge, increase in stack height, stringent emission norms, odour control measures or any other measures felt necessary and (ii) consultation with CPCB.