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Vinod Khanna v. State Of U.P.
Factual and Procedural Background
The grievance in this application concerns the alleged illegal operation of M/s Synergy Waste Management Pvt. Ltd, CBMWTF, Meerut, Uttar Pradesh, for violating the Environment (Protection) Act, 1986 and CPCB Revised Guidelines under the BMW Rules, 2016. The facility reportedly increased its original capacity without obtaining the required Environmental Clearance (EC), as per a State PCB report dated 25.05.2019 submitted to the Ministry of Environment, Forest and Climate Change (MoEF&CC). The applicant also referred to a report by an Oversight Committee headed by Justice SVS Rathore in O.A. No. 180/2021 (Mukul Kumar v. State of Uttar Pradesh), highlighting deficiencies in the treatment of bio-medical waste and leakage from the Venturing Scrubber. The Central Pollution Control Board (CPCB) directed the State PCB to take remedial action. The Tribunal had earlier issued directions in O.A. No. 180/2021 on 07.01.2022 applicable throughout Uttar Pradesh, including Meerut.
Legal Issues Presented
- Whether the operation of the CBMWTF by M/s Synergy Waste Management Pvt. Ltd. was illegal due to capacity increase without prior Environmental Clearance?
- Whether remedial measures and monitoring mechanisms are required to ensure compliance with environmental norms in handling biomedical waste in Uttar Pradesh?
- What institutional arrangements and monitoring committees are necessary to address the gaps in biomedical waste management?
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Mukul Kumar v. State of Uttar Pradesh (O.A. No. 180/2021) | Oversight on compliance with biomedical waste management rules and environmental norms | The Court relied on the Oversight Committee’s report to confirm that authorization for increased capacity was obtained, though prior EC was missing; also used the precedent to issue remedial monitoring directions applicable statewide. |
Court's Reasoning and Analysis
The Court considered the reports annexed to the application, particularly the Oversight Committee report headed by Justice SVS Rathore. It found that while the facility had obtained authorization for increased capacity, it lacked prior Environmental Clearance, which was a deficiency. The Court noted that remedial directions had already been issued in the earlier O.A. No. 180/2021, which addressed broad gaps in biomedical waste management, including collection, handling, transportation, and remediation. Recognizing ongoing deficiencies and health hazards, the Court emphasized the need for continuous and rigorous monitoring at District, State, and National levels.
The Court observed that the Central Monitoring Committee (CMC), constituted by MoEF&CC, met only annually, which was insufficient given the unsatisfactory state of compliance. Accordingly, the Court mandated an urgent meeting of the CMC within two weeks to devise an effective monitoring strategy. It further constituted new State and District level monitoring committees with specified members and nodal agencies to ensure coordinated compliance monitoring. The Court directed these committees to meet frequently initially and to co-opt experts as needed to ensure effective oversight, remedial action, and public transparency through website disclosures. The CMC was also directed to compile a national report based on state and district data by 30.04.2022.
Holding and Implications
DISPOSED OF
The Court disposed of the application in view of the existing and newly mandated remedial measures and monitoring mechanisms. The decision enforces coordinated, multi-tiered oversight of biomedical waste management facilities in Uttar Pradesh, including the facility at Meerut, to address environmental and public health hazards. No new precedent was established; rather, the Court reinforced prior directions and institutionalized enhanced monitoring frameworks to ensure compliance with environmental laws and guidelines.
1. Grievance in this application is against illegal functioning and operation of M/s Synergy Waste Management Pvt. Ltd, CBMWTF, Meerut, UP in violation of Environment (Protection) Act, 1986 and CPCB Revised Guidelines as notified under BMW Rules, 2016. The said Facility increased its original capacity without requisite EC, as per report dated 25.05.2019 of the State PCB to the MoEF&CC. Apart from other documents, the applicant has referred to report of the Oversight Committee headed by Justice SVS Rathore in O.A. No. 180/2021, Mukul Kumar v. State of Uttar Pradesh It is further stated that the said facility is also not properly treating the bio-medical waste. There is leakage from Venturing Scrubber. CPCB directed State PCB to take remedial action.
2. We have duly considered the matter. We find from the documents annexed to the application that as per report of the Oversight Committee headed by Justice SVS Rathore, authorization for increased capacity has been duly taken. Only deficiency is that prior EC was not taken.
3. We also note that remedial directions have been duly issued by this Tribunal vide order dated 07.01.2022 in O.A. No. 180/2021 after due consideration of the matter. The directions of this Tribunal are applicable throughout the State of UP, including Meerut District. The operative part of the order is reproduced below:—
“1 to 20…xxx………………………xxx………………………………..xxx
21. Since there are huge gaps in compliance of environmental norms in handling and disposal of bio-medical waste, including Covid-19 waste, causing health hazard to the citizens, emergent and effective measures are inevitable to remedy the situation. While broad gaps have already been indicated in collection, handling, transportation, and remediation, micro management is a matter of continuous monitoring at several levels in the Government. In the light of data now furnished and continuing gaps, it will be appropriate to direct rigorous monitoring at District, State and National levels by joint Committee representing the concerned authorities in coordination with all stake holders.
22. We find that the MoEF&CC has constituted Central Monitoring Committee (CMC) to review the implementation of the BMW Rules vide order dated 22.11.2021, headed by Joint Secretary, Ministry of Health and Family Welfare with representatives of other Departments, States and other experts. The Committee meets only once in a year. Unsatisfactory state of affairs on the subject of implementation noticed above calls for more frequent meetings atleast for some time till the situation improves. Adequacy of Facilities, working of Committees, their infrastructure are issues to be closely monitored not only at National level but also at State and District level.
23. Accordingly, we direct the above CMC to meet urgently within two weeks to consider the above state of affairs and prepare an effective monitoring strategy to ensure that there are adequate number of Facilities, with appropriate infrastructure and their functioning is reviewed on regular basis at District and State level. If any Committee is functioning at State/District level, they may also monitor compliance. For proper monitoring we constitute following Committees at State and District levels who may work in tandem with Committee already constituted, if any:
State Level:
1. Secretary, Health - Chairman
2. Nominee of Secretary Urban Development/Local Bodies - Member
3. Nominee of State Disaster Management Authority - Member
4. Member Secretary, State PCB - Member
5. Director, Environment - Member
The Member Secretary, State PCB will act as nodal agency for coordination and compliance.
A. District Level:
1. District Magistrate - Chairman
2. CMO - Member
3. Regional Officer, State PCB - Member
4. Nominee of SSP/DCP - Member
5. Principal, Government Medical College or other reputed Medical College in the area
The Regional Officer, State PCB will act as nodal agency for coordination and compliance.
24. The State and District Level Monitoring Committees will be free to co-opt any other experts/agency for its assistance. The said Committees may also meet within two weeks in the first instance and thereafter the State Committee may once in a month and the District Committee once in a fortnight initially till the situation improves and at longer interval thereafter as may be found necessary. The CMC may hold a meeting through video conferencing with the State level Monitoring Committees within one month to consider the action plans to bridge the gaps in monitoring and compliance. For effective monitoring, the Committees may consider availing services of retired Principals/Heads of the Departments/other experts from Government Medical Colleges or other institutions so as to ensure that a panel is available to assist in effective monitoring including undertaking periodical visit to the CBWTFs, coordinating awareness/training programmes and holding joint meetings at State/District Levels to review the compliance status. The Committees may ensure remedial and coercive measures if there are violations such as number of vehicles employed being inadequate or waste found scattered or thrown in open or deficiencies in collection, transportation, handling and disposal. The Committee may place their respective proceedings on their respective websites.
25. The CMC may compile a national report as on 30.04.2022, based on reports received from the State Level Committees who may give their reports after compiling reports from the Districts which may be uploaded on its website.”
4. In view of above, no further order is necessary. The application is disposed of.
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