Kailash Kumar vs State of Rajasthan, 2022

COURT: Rajasthan State Pollution Control Board

CORAM: Sheo Kumar Singh, Arun Kumar Verma

DATE OF JUDGMENT: 11 May 2022

FACTS

This particular case is dealing with the issue of management and disposal of bio- medical waste. The Applicant has approached the National Green Tribunal To direct the Respondent Authorities to find an alternate solution for disposal of the Bio-medical waste generated in Udaipur, Dongarpur, Chitorgarh, Rajsamand, Pratapgarh and Banswara

The Applicant had stated that the Respondent No:4, En-Vision Enviro Engineer Pvt. Ltd. Is violating Bio-Medical Waste (BMW) guidelines on the ground that they have been operating a Common Bio-medical Waste Treatment and Disposal Facility (CBWTF) at RNT MEDICAL COLLEGE, Udaipur wherein more than half of the waste is not being treated and is being dumped at Balicha Dumping Ground, Udaipur, which is owned by Udaipur Municipal Corporation.

This intolerant act of respondent no.4 is being done since year 2006 and the Dumping Ground is actually an open place and said plant was initially installed for treating the Bio- Medical waste generated specifically from RNT Medical College only.

The incinerators that were installed are static, having capacity to treat not more than 50KGs of biomedical waste per hour, and RNT Medical College itself is having 2000 beds (approx.) and the Medical waste would be 800 Kgs.

Since the RNT Medical College is having 2000 beds (approx.) they got its own bio-medical waste treatment plant which was operated by Respondent no.4. The unit of Respondent no.4 is declared a CBWTF by Respondent No.2 without acknowledging the fact that the incinerators installed in their unit do not have the capacity to treat any further Bio-medical waste.

The matter was taken up on 27th September, 2021 and a Committee consisting representative of CPCB, representative of Rajasthan Pollution Control Board and Chief Medical Officer, Udaipur, Rajasthan was constituted with a direction to submit the factual and action taken report.

ISSUES RAISED

• Whether there is any illegal operation of CBWTF at RNT college campus and mismanagement of BMW?
• Whether there is dumping of BMW at Balicha trenching ground?
• Is IWs En-vision Enviro Ltd. (CBWTF) not complying the BMW guidelines or not?

JUDGEMENT

The Tribunal has decided that in the view of the facts, previous judgements like Shailesh Singh, v. Sheela Hospital & Trauma Centre, Shahjahanpur &Ors., Rajiv Narayan v. Union of India &Ors., and Central Pollution Control Board v. State of Andaman & Nicobar, and affidavit submitted by the SPCB, the Bio Medical Waste Management Rules, 2016 are strictly complied with and nothing has been reported by the State Pollution Control Board and Municipal Corporation about the violation of the rules. So far as alternate arrangement for disposal of Bio Medical Waste generated in Udaipur, Dongarpur, Chitorgarh and other areas are concerned, it is for the State Pollution Control Board to consider at relevant point of time when required.

The Tribunal has also given directions such as

• The respondents are directed to follow the guidelines issued by the SPCB which was communicated vide order dated 21.07.2020 and strict action should be initiated for non- compliance of the guidelines with reference to disposal of materials collected, used and thrown in COVID-19.
• The Rajasthan State Pollution Control Board is directed to have a strict vigil to ensure the compliance of the Bio-Medical Waste Rules and in case it is found that there is a violation of the rules, strict action should be initiated including calculation of environmental compensation and its recovery according to law.