Disposed

Jitendra Singh Rai v. State of Madhya Pradesh through District Magistrate

NGT5 Aug 2024Original Application No. 194/2023

Case brief

AI extract

What is this about?

The NGT Central Zone Bench disposed of an application alleging environmental violations by a hospital in Shivpuri. The court found the facility was compliant regarding waste and water but directed the State Level Advisory Committee to formulate fee structures for biomedical waste disposal charges.

What did the court decide?

Directed State Level Advisory Committee to formulate agreement performa for biomedical waste disposal charges with hearing.

Jitendra Singh Rai vs State of Madhya Pradesh through… — Environment and Pollution | NGT (2024)

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Item No. 08

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL

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(Through Video Conferencing)

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Original Application No. 194/2023(CZ)

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Jitendra Singh Rai Applicant(s)

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Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 05.08.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER

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For Applicant(s): Mr. Jitendra Singh Rai (Applicant in Person) For Respondent(s) : Mr. Yadvendra Yadav, Adv. Mr. Yogesh Bhatnagar, Adv. Mr. Mehul Bhardwaj, Adv.

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ORDER

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The issue raised in this application is violation of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act 1981 and authorization under Hazardous and Other Waste Management and Transboundary Movement Rules 2016 by Siddhi Vinayak Multi-Specialty Hospital in District-Shivpuri, Madhya Pradesh.

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It is alleged that the unit is operating without consent conditions in violation of Rule 4(a) and (b) of the Biomedical Waste Management Rules, 2016 and Ambient Air Quality at the Boundary of the Siddhi Vinayak Hospital premises is not monitored and reported to the Board regularly on quarterly basis in view of norms prescribed by the MoEF&CC by its notification dated 16.11.2009.

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The Biomedical Waste of Siddhi Vinayak Multispecialty Hospital, Sivapuri is being dumped anywhere else in violation of Biomedical Waste

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OA No. 194/2023(CZ)

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Jitendra Singh Rai Vs. State of Madhya Pradesh& Ors.

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Management Rules, 2016 and there is no provision of disposal of the

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treatment of dirty water.

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The matter was taken up by this Tribunal on 02.01.2024 and a committee was constituted with direction to submit the factual and action taken report. Notices were also sent to the respondents for submission of reply.

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In compliance thereof the joint committee visited the site and submitted the observations as follows :-

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*Sr.*	*Brief of the Complaint*	*Facts*
*No.*
_1. _	Violation of Consent to	• Madhya Pradesh Control
	Operate under section 25 of	Board had authorization
	the Water (Prevention	Siddhivinayak to Pollution
	&Control of Pollution) Act,	issued M/s Multispecialty
	1974 under section 21 of the	Hospital Shivpuri for 30 beds
	Air (Prevention &Control of	under Section 25 of the Water
	Pollution) Act, 1981	(Prevention and Control of
	&Authorization under	Pollution) Act 1974 and
	Hazardous and other Waste	Biomedical Waste
	(Management &	Management Rules 2016,
	Transboundary movement)	whose validity was till is
	Rules, 2016.	02.12.2021. Consent and authorization is attached.
		• An online CTEE application was received from the hospital management on 10.08.2021 to expand the capacity from 30 beds to 100 beds. CTEE was
		granted by the MPPCB vide
		Outward No. 14795 dated 01.09.2021. СТЕ No. 90705. copy is attached.
		• Consent to Operate (CTO
		Expansion) under Section 25

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OA No. 194/2023(CZ)

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Jitendra Singh Rai Vs. State of Madhya Pradesh& Ors.

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		of the Water (Prevention and Control of Pollution) Act 1974 and Section 21 of the Air Pollution Prevention and Control Act 1981, authorization under Biomedical Waste Management Rules 2016,& Hazardous and Other Waste (Management and Transboundary Movement) Rules 2016 was granted by the Board and has validity is till 31.12.2028. Copy is attached.
2.	Ambient air quality at the boundary of the Siddhi Vinayak Hospital premises not monitored and reported to the Board regularly on quarterly basis. The Ambient air quality norms are prescribed in MoEF gazette notification no. GSR/826(E), dated: 16/11/09.	The hospital does not cause any air pollution. Hospital has installed 01 DG of 62.5 KVA capacity (Standby) and it is operated during the period of interruption of power supply. The DG set is installed with inbuilt acoustic enclosure and muffler for control of noise and air pollution.
3.	Siddhivinayak Hospital does not maintain the records of hazardous waste as per the Form-3 of rule 6(5), Annual Returns Form No. 4 of rule 20(2) to MPPCB Regional office.	• The information received from the hospital management during visit is attached. • Authorization has been issued on 17.01.2024 under Hazardous Waste and Other Waste (Management and Transboundary Movement) Rules 2016.

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OA No. 194/2023(CZ)

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Jitendra Singh Rai Vs. State of Madhya Pradesh& Ors.

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A DG set of 62.5 KVA capacity is installed in the hospital. Spent oil (5.1) is generated as hazardous waste during servicing of DG sets.

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The annual return for the year 2023-24 will be made available after March 24.

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Hospital PCB Consent
Outward No. :-14795,
01/09/2021 consent no CTE-
90705 validity has expired.
It has been almost 1 Rule 4(a)
and (b) of the Biomedical
Waste Management Rules
2016.*

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4.	Hospital PCB Consent	• Consent to Operate (CTO)
	Outward No. :-14795,	under Section 25 of the
	01/09/2021 consent no CTE- 90705 validity has expired.	Water (Prevention and Control of Pollution) Act 1974
	It has been almost 1 Rule 4(a) and (b) of the Biomedical Waste Management Rules 2016.*	and Section 21 of the Air Pollution Prevention and Control Act 1981. authorization under Biomedical Waste
		Management Rules 2016, Hazardous and Other Waste (Management and
		Transboundary Movement)
		Rules 2016,is valid till
		31.12.2028. Copy is attached. • Biomedical waste generated from the hospital is collected
		in separate coloured bins (red, blue, yellow and white)
		and sent to CBWTF for
		treatment and disposal. In this regard, the membership and agreement of CBWTF.
5.	The Biomedical Waste of Siddhivinayak specialty	The information is as per point number 04 above.
	Multi- Hospital Shivpuri is

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OA No. 194/2023(CZ)

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Jitendra Singh Rai Vs. State of Madhya Pradesh& Ors.

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	also being dumped elsewhere. This also appears to be in violation Biomedical of the Waste Management Rules 2016.
6.	Pollution and mosquitoes are breeding due to accumulation of dirty water in Siddhivinayak Multispecialty Hospital in Shivpuri district under regional Office Vijaypur District Guna (M.P.)	The ETP of 30 KLD capacity is installed & operated for the treatment of waste water generated from the hospital. In which collection tank, bar screen, equalization tank, aeration tank, multigrade sand filter, activated carbon filter, MBBR, tube settler, disinfection system is installed. After treatment, the treated water is discharged into the municipal drain. At the time of inspection, along with the joint committee, the sample of treated waste water from ETP outlet collected& sent to the laboratory for analysis. The analysis report is attached at Annexure 07. The result is as per the standards. Contaminated water has not been found stored in the hospital which could create conditions for mosquito breeding.
7.	Central Pollution Control Board Delhi instruction were gives to the State Pollution Control Board, Bhopal to take action under the air, water and hazard act Siddhivinayak Multispeciality Hospital	The information is as per point number 01 above.

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OA No. 194/2023(CZ)

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Jitendra Singh Rai Vs. State of Madhya Pradesh& Ors.

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Action Taken Report :-

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1. For violation of certain provision of Water (Prevention and Control of Pollution) Act 1974 & Air (Prevention and Control of Pollution) Act 1981, court case has been file against hospital & its management for the period of operating without consent, in the court of Honourable Chief Judicial Magistrate, Shivpuri on date 02.01.2024. The next hearing date in the case is on 06.02.2024 for registration.

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2. On the violations committed by the hospital management, environmental compensation was calculated by the formula suggested as per Hon'ble NGT order dated 12/03/2019 in the matter of OA 710/2017 & CPCB Guideline issued in July 2019. According to this, the process of depositing environmental compensation amount of Rs. 9,67,500/- is under process.”

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Respondent CPCB has filed the reply to the fact that Bio-Medical Waste Management Rules, 2016 was notified authorizing the prescribed authority, State PCB/Pollution Control Committee to examine the violations and incase of any violation to take effective steps against the violators/unit.

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The submission of the learned counsel for the respondent no. 5 of the PP are of the fact that the applicant is not within the category of aggrieved and thus has no right to file the petition. It is further submitted that the answering respondent has been working and functioning as per due procedure of environmental law(s) and also having all requisite approval/certification from the competent authorities of M.P. State Government. The answering respondent is having consent to operate from inception issued by the Madhya Pradesh pollution control board. The answering respondent has been religiously following all the requisite

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OA No. 194/2023(CZ)

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Jitendra Singh Rai Vs. State of Madhya Pradesh& Ors.

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norms/directions issued by MPPCB time to time. Further the MPPCB is continuously monitoring over answering respondent industry and answering respondent is religiously complying the directions/ suggestions given by the MPPCB for more emphatically complying the environmental norms, it is essential to bring to the kind notice of this Tribunal that complying the environmental norms is continues process and answering respondent is very much doing the same. The consent to operate issued by the MPPCB in the name of the answering respondent is valid till 31.12.2028.

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It is further submitted that requisite authorization / certificate has been issued by the State PCB and respondent has installed ETP which is properly functioning and there is no possibility of discharge of untreated water.

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It is further submitted that CTO has been issued by the MPPCB. Submission of the MPPCB is to the fact that the answering respondent has imposed Environmental Compensation on M/s Sidhi Vinayak Multi Specialty Hospital for operating without obtaining Consent to Operate (CTO), authorization under BMW Rules 2016 and Hazardous Waste Rules, 2016. The Environmental Compensation was imposed on the basis of formula suggested as per the NGT order dated 12.03.2019 in the matter of OA 710/2017 and CPCB Guidelines issued in July 2019. Thus, the M/s Sidhi Vinayak Multi Specialty Hospital (R-5) was served the notice of imposition of the Environmental Compensation of Nine Lakhs Sixty Seven Thousand Five Hundred Rupees (9,67,500/-).

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It is further submitted that notices were issued to the PP for providing an opportunity of hearing. Since, the matter of realization of environmental compensation as stated above is pending before the State PCB, thus, State PCB is directed to proceed in accordance with rules, decide the matter and

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OA No. 194/2023(CZ)

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Jitendra Singh Rai Vs. State of Madhya Pradesh& Ors.

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recommendations and realize the environmental compensation according to rules, deposit in the account and submit the report.

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So far as the present dispute is concerned it seems that it is a matter with regard to monthly rate for disposal of BMW, Membership charges, barcoding charges which are not within the domain of this Tribunal and which should be decided by the mutual agreement between the parties or by the State Level Advisory Committee.

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Accordingly, we direct the State Level Advisory Committee to formulate the performa for agreement between CBWTF and members of HCF including terms and conditions to resolve the non-compliance and redressal of dispute arising during operation at the system and further direct that for proper functioning of the Bio-Medical Waste and implementation of rules, it is desirable and practicable to decide a reasonable minimum and maximum charges according to the quantity of the waste, with regard to monthly rate for disposal of Bio-Medical Waste, membership charges, bar coding charges and other charges by the State Level Advisory Committee. It should be decided after providing an opportunity of hearing to the affected persons and facility centers within reasonable time.

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