NGT Set Aside 'Consolidated Consent To Operate' Of UP's Bio-Medical Waste Unit
The principal bench of National Green Tribunal (NGT) has set aside the Consolidated Consent to Operation granted to a Bio Medical waste unit operating in U.P.'s Samwai, M/s Medical Pollution Control Committee.
The bench of Chairperson Justice Prakash Shrivastava, Justice Sudhir Agarwal, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel observed that , “…analysis clearly reveals that the CCA dated 27.07.2023 has been granted by the respondent no. 6 CEO-1 Vivek Roy exceeding his jurisdiction and in contravention with the laws. Since, the issue is in respect of passing of an illegal order by an authority exceeding his jurisdiction, therefore it can be very well be examined in the present O.A. The allegation that the petition is a motivated petition or remedy of appeal is available does not come in the way of examining such a gross illegality by the Tribunal.”
These observations came in response to the plea filed by one Satyendra Rawat, who alleged that the M/s Medical Pollution Control Committee, a company involved in treatment of Bio-Medical Waste and has set-up a facility at village Samwai set-up very close to the residential houses of the villagers which allegedly has resulted into creation of unhygienic and unsanitary living conditions for the villagers.
The counsel appearing for the petitioner challenged the consolidated consent to operate and authorisation (CCA) granted to it in 2023 and argued that the unit does not treat the effluents carefully and leave it open in the nearby area causing foul smell and the villagers are facing immense problem resulting into health hazards due to various emissions.
Furthermore, the counsel argued that the CEO-1 who has granted the CCA vide order 27.07.2023 had no jurisdiction to grant the CCA.
The Tribunal noted that the UPPCB in its reply has also taken the stand that the CTO and authorization was issued by. Vivek Roy without inspection report or recommendation of the Regional Officer.
NGT noted that the Ministry of Environment Forest and Climate Change has also disclosed in paragraph 22 of its reply before the Tribunal that the consolidated consent and authorization granted by UPPCB dated in 2023 was incomplete as principle regulation for grant of authorization to CBWTF operator is Bio-Medical Waste Management Rules, 2016 and not Hazardous and Other Waste (Management and Transboundary Movement) Rules 2016.
After examining the submissions, the bench opined that CCA was granted by the Chief Environment Officer “exceeding his jurisdiction and in contravention with the laws.”
Consequently, the Tribunal decided, “that the Consolidated Consent to Operate and/ or authorization dated 27.07.2023 issued by the respondent no. 6 to the respondent no. 1 cannot be sustained and is hereby set aside.”
Appearance: D.N. Goburdhan, Senior Advocate with Anshul Gupta & Prakhar Bharadwaj, Advs. for Applicant.
Case Title: Satyendra Rawat v. M/s Medical Pollution Control Committee & Ors.