Partly allowed

Sushil Raghav v. Secretary

NGT5 Dec 2022Original Application No. 334/2021

Case brief

AI extract

What is this about?

The NGT reviewed compliance of Ghaziabad hospitals with Bio-medical Waste Rules. Considering defenses and quantum disputes, it reduced the environmental compensation for Santosh Medical College to Rs 2.5 lakh and ordered refund of the excess amount while disposing of the main application.

What did the court decide?

Environmental compensation reduced to Rs. 2.5 lakh; excess amount refunded; balance utilized for local facility upgrades.

Sushil Raghav vs Secretary — Environment and Pollution | NGT (2022)

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Item No. 03

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Hybrid Mode)

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Original Application No. 334/2021 (I.A. No. 272/2022)

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Sushil Raghav & Ors Applicant(s)

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Versus

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Union of India & Ors.

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Respondent(s)

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Date of hearing: 05.12.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. R. Venkataraman, Advocate

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Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB Mr. Sanjeet Paliwal, Advocate for Santosh Medical College

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ORDER

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Grievance in this application is against non-compliance of statutory norms by private hospitals at Ghaziabad, Uttar Pradesh - Respondents Nos. 8 to 21 - Meenakshi Hospital, Yashoda Superspeciality Hospital, Max Hospital, Le Crest Hospital, Santosh Medical College, Aarogya Hospital, Aditi Hospital, Paras Hospital, Clearmedi Hospital and Cancer Centre, Vasundhara Hospital, Shanti Gopal Hospital, Yashoda Hospital.

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According to the applicant, the said hospitals are discharging untreated effluents into the drains meeting Hindon River which then meets River Yamuna which finally meets River Ganga. They are not having requisite consent to establish and consent to operate and are also

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extracting groundwater without requisite permission. They are noncompliant with the Bio-medical Waste Rules, 2016. The statutory authorities – UP State PCB and District Magistrate, Ghaziabad have failed to perform their statutory obligation of taking action against such noncompliance.

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Vide order dated 16.12.2021, the Tribunal sought a factual report from joint Committee of CPCB, UP State PCB and District Magistrate, Ghaziabad. The joint Committee was to undertake visit to the site, interact with the stakeholders and take remedial action after ascertaining performance of the common bio-medical waste treatment facilities in the area.

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The matter was last considered on 5.7.2022 in the light of report of the joint Committee dated 01.07.2022 giving the compliance status of the

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14 bio-medical facilities as follows:-

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Sr. No.	Name of Hospital	No. of Beds	CTO	BMW Authorizat ion	Status of ETP/STP	Sample Analysis	Observation during visit
1.	M/s. Meenakshi Hospital, 13- 12, Anand Vihar, Kaushambi, Ghaziabad	30	31.07.2023	31.07.2023	ETP Installed	HCF is complying with general standards stipulated in Schedule II Of BMWM Rules,2016 for discharge into public sewers	a. HCF should implement bar code system as per BMW Rules, 2016 b. Proper logbook with regards to operation of ETP should be maintained
2.	M/s. Yashoda Super Specialty Hospital, Kaushambi, Ghaziabad	300	31.12.2023	31.12.2023	STP/ETP Installed	HCF is complying with general standards stipulated in Schedule II Of BMW Rules,2016 for discharge into public sewers	Overall compliance with regards to BMW Rules and other environmental norms was found to be satisfactory.
3.	M/s. Max Hospital, W- 3, Near Radisson Blu Hotel, Sector-1, Vaishali, Ghaziabad	436	31.12.2023	31.12.2023	STP/ETP Installed	HCF is complying with general standards stipulated in Schedule II of BMW Rules,2016 for discharge into public sewers	Overall compliance with regards to BMW Rules and other environmental norms was found to be satisfactory.

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4. M/s. Flores Hospital, G- 350, Pratap Vihar Road, G- Block Sector- 11, Pratap Vihar, Ghaziabad	100	31.07.2	021 25.10.2	022 ETP Installed	HCF is complying with general standards stipulated in Schedule II Of BMWM Rules,2016 for discharge into public sewers	a. HCF should ensure timely Disposal of BMW waste through CBWTF as per BMW Rules, 2016. b. HCF should bar code system as per BMW Rules, 2016.
5. M/s. Atlanta Hospital, Plot No-NH-01, Sector-14, Vasundhara, Ghaziabad	100	No	No		HCF is complying with general standards stipulated in Schedule II Of BMWM Rules, 2016 for discharge into public sewers	a. During inspection, ETP was Found not operational. b. HCF should implement Bar code System as Per BMW Rules, 2016. c. BMW Should be segregated properly and training of staff handling BMW waste is required. d. HCF have no dedicated common storage room for temporary storage of BMW within premises. e. Height of stack attached with DG is not as per norms. f. HCF has no Valid CTO and BMW Authorization from UPPCB. g. The hospital not provided appropriate pretreatment facility for laboratory generated liquid chemical waste. h. Records was not maintained properly and training of staff handlingBMW

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						waste is required.
6. M/s. Le Crest Hospital, Plot No-INS-13, Budh Chowk, Sector- 4,Vasundhar a,Ghaziabad	100	31.07.2023	31.07.2023	STP/ETP Installed	HCF is complying with general standards stipulated in Schedule II Of BMWM Rules, 2016 for discharge into public sewers	a. HCF should implement Bar code System as Per BMW Rules, 2016 b. During inspection, chemical dosing system in ETP was not operational. c. BMW should be segregated properly and training of staff handling BMW waste is required.
7. M/s. Santosh Medical College, 170, Sector- 12, Block-J, Pratap Vihar, Ghaziabad	150 Dent al Chai r	No	No	ETP found under construc tion	Sample could not be collected as there was no discharge	a. Unit has not obtained Valid CTO/ BMW authorization from Board b. Bar Code facility not being used.
8. M/s. Aarogya Hospital, NH-01, Sector-6, Vaishali, Ghaziabad	100	31.12.2020	31.07.2023	ETP installed	HCF is complying with general standards stipulated in Schedule II of BMWM Rules, 2016 for discharge Into public sewers	Bar Code facility not being used.
9. M/s. Aditi Hospital,	-	-	-		Closed	-
Plot No-117, Kaling Marg, Sector-4, Vaishali, Ghaziabad
10 M/s. Paras Hospital, Plot No-130, Kaling Marg, Sector-4, Vaishali, Ghaziabad	50	31.07.2023	31.07.2023	STP/ETP Installed	HCF is complying with general standards stipulated in Schedule II of BMWM Rules, 2016 for discharge into public sewers HCF	Bar Code facility not being used.
11 M/s. Clearmedi	100	31.07.2023	31.07.2023	STP/ETP Installed	HCF is complying with generalstandards	Bar Code facility not being used.

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Hospital and Cancer Centre, HC- 1; Sector-15, Vasundhara, Ghaziabad					stipulated Schedule BMWM 2016 discharge Into public	in II of Rules, for sewers
12 M/s. Vasundhara Hospital, 5, NH- 1, Dr. Br Ambedkar Road; Near Ata I Chowk, Sector-15, Vasundhara, Ghaziabad	50	31.07.2023	31.07.2023	ETP installed	HCF is complying general st stipulated Schedule BMWM 2016 discharge into public	with andards in 11 of Rules, for sewers	a. HCF should implement bar code system for BMW. b. No record is provided by HCF regarding generation and disposal of BMW. c. There was-no provision given for appropriate category wise- storage room. Small area below the floor is treated as storage area. d. The hospital not provided appropriate pre-treatment facility for laboratory generated liquid chemical waste.
13 M/s. Shanti Gopal Hospital, Plot NO-NH-01, Ahinsa Jhand-02, Indirapuram Ghaziabad	100	31.07.2022	31.10.2022	STP installed	HCF is complying general st stipulated Schedule BMWM 2016 for di into public	with andards in II of Rules, scharge sewers	a. HCF should implement bar code system as per BMW Rules, 2016. b. HCF have no dedicated common storage room for temporary storage of BMW Within premises.
14 M/s. Yashoda. Hospital, 3rd, Nehru Nagar Stadium Nehru Nagar, Ghaziabad	310	31.12.2022	31.12.2022	ETP cum STP Installed	HCF is complying general st stipulated Schedule BMWM 2016 for di into public	with andards in 11 of Rules, scharge sewers	a. HCF should ensure bar code system as per BMW Rules, 2016. b. BMW should be segregated properly and training of staff

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handling BMW waste is required.

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The Tribunal observed:

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“ xxx ……………………………….xxx…………………………..xxx

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6. From the above, it is seen that the four facilities - M/s. Atlanta Hospital, M/s. Yashoda Hospital, M/s. Le Crest Hospital and M/s. Santosh Medical College are non-compliant with regard to collection of waste or with regard to statutory permission . Though it is stated that environmental compensation has been recommended, the compliance of norms needs to be ensured, apart from recovery of compensation for past violations.

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7. Let the State PCB take further remedial action and file compliance report. It may also put the said Facilities to notice of these proceedings, to enable them to file compliance affidavits and to show-cause why action be not taken against them for the past violations .”

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In pursuance of above, further report dated 3.12.2022 has been filed on behalf of the joint Committee by the State PCB. It is stated that notice was issued to the non-compliant units and further inspection was carried out on 31.8.2022. In view of deficiencies found, additional environmental compensation of Rs. 3,93,750/- and initiation of prosecution under the provisions of Environment (Protection) Act, 1986 has been recommended against M/s Le Crest Hospital. Thereafter, M/s Le Crest Hospital has made necessary compliance and submitted its report to Board, same has been verified on 5.11.2022.

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With regards to recovery of environmental compensation, it is submitted that M/s Yashoda Hospital has deposited Rs 2,75,000/- against imposed environmental compensation of Rs 2,75,000/-, M/s Atlanta Hospital have deposited Rs 4,65,000/- against imposed environmental compensation of Rs 4,65,000/-, M/s Santosh Medical College has deposited Rs 26,98,750/- against imposed environmental compensation of Rs 53,97,500/- and M/s Le Crest Hospital has deposited Rs 1,95,000/-

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against imposed environmental compensation of Rs 1,95,000/- In case of M/s Le Crest Hospital, additional environmental compensation of Rs 3,93,750/- has been recommended and same shall be levied within stipulated time

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As against above, M/s. Santosh Medical College (the PP) has filed IA No. 272/2022 on 24.9.2022, followed by affidavit filed on 7.10.2022 contesting the action taken against it. No other PP has contested the matter. We take the report as final qua them.

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According to the PP, environmental compensation against it is not called for, as no industrial waste is being discharged which may require ETP. Waste effluent is connected to STP on the pattern of other units. Compensation amount is not proportionate to the compensation levied on bigger hospitals operating with 100 - 300 beds. It has already paid amount of Rs. 26,98,750/- which may be refunded. In the affidavit filed, it is stated that the unit has only 150 dental chairs and patients are treated only through OPD. Still, as abandoned caution, ETP has been installed. The unit is complying with other norms.

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We have considered the report of the joint Committee and also heard learned counsel for appearing parties.

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Though learned counsel for the applicant submits that coercive measure be taken against non compliances found, in view of the action already taken, no further order is called for in the application. On the prayer of M/s. Santosh Medical College against compensation, we find merit in the contention against the quantum of compensation. It is not proportionate to the compensation levied in other cases and the violations noticed.

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Accordingly, having regard to the facts and circumstances of the case, we reduce the compensation to Rs. 2.5 lakh for the violations found. The amount recovered in excess of the said amount from M/s. Santosh Medical College be refunded within one month. The remaining compensation may be utilized for upgrading/improving the status of biomedical waste management facilities in the area, in accordance with the District Environment Plan of the district. The State PCB and other statutory authorities may maintain constant vigilance for compliance of environmental norms by the hospitals and other healthcare facilities for compliance of Bio-Medical Waste Management Rules, 2016.

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The application is disposed of.

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I.A. No. 272/2022 will also stand disposed of.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Prof. A. Senthil Vel, EM

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Dr. Afroz Ahamd, EM

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December 05, 2022 Original Application No. 334/2021 I.A. No. 272/2022 DV

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Sushil Raghav v. Secretary

Case brief

What is this about?

What did the court decide?

Sushil Raghav v. Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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