Disposed

Harender Kumar vs

NGT10 Sept 2024Original Application No. 31/2024

Case brief

AI extract

What is this about?

The National Green Tribunal held that a hospital in Meerut operated illegally without environmental statutory consents under the Water and Air Acts. The tribunal imposed a compensation of Rs. 5 lakhs under the Polluter Pays principle and directed its use for environmental restoration.

What did the court decide?

Environmental compensation of Rs. 5 lakhs imposed on the Respondent to be deposited with UPPCB within two months; funds to be used for environmental remediation.

Harender Kumar vs — Environment and Pollution | NGT (2024)

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Item No. 03

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 31/2024 (I.A. No. 251/2024)

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Harender Kumar Applicant

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Versus

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State of UP & Ors. Respondents

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Date of hearing: 10.09.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None appeared

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Respondents: Mr . Ankit Verma, Advocate for State of U.P.

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Mr. Amit Shukla, Advocate for UPPCB (through VC)

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Mr. Azad Bansala and Ms. Prakriti Rastogi, Advocates for respondent No. 5 along with Mr. Naveen Tyagi, Authorised Representative

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ORDER

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The Original Application was registered in exercise of suomotu

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jurisdiction in view of the law laid down by Supreme Court in Municipal

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Corporation of Greater Mumbai vs. AnkitaSinha, (2022) 13 SCC

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401 on a letter petition dated 25.07.2023 sent by Harender Kumar S/o

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Man Singh resident of village GovindpurShakarpur, Post Office Mahalwala, District Meerut, Uttar Pradesh stating that there is a hospital namely Yashoda Hospital, at Garh Road, Meerut which is operating without requisite consents/ no objection certificates from the concerned Authorities; Hospital is operating a Generator Set of 150 KW capacity and there is no effluent treatment plant set up in the hospital premises

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though it is causing air and noise pollution and thereby creating serious health hazards for the residents of the locality.

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Tribunal after noticing the complaint, on 20.02.2024, and being prima facie satisfied that a substantial question relating to environment has arisen out of the implementation of the Enactment specified in Schedule-I of the National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act’) proceeded in the matter by impleading following as

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Respondents:-

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(1) State of Uttar Pradesh, through its Chief Secretary, Government of Uttar Pradesh,

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(2) UP Pollution Control Board, through its Member Secretary,

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(3) the District Magistrate, Meerut,

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(4) the Chief Medical Officer, Meerut and (5) M/s New Yashoda Hospital, Gadh Road, Meerut.

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Notices were issued to the Respondents to enable them to file their reply/response.

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Further, Tribunal found it appropriate to obtain a factual report and constituted a joint Committee comprising representatives of UP Pollution Control Board, the Chief Medical Officer, Meerut, the Commissioner, Municipal Corporation, Meerut and the District Magistrate, Meerut. The Committee was required to submit its report within two months.

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Pursuant thereto, report dated 04.04.2024 has been submitted by Joint Committee through Regional Officer, UP State Pollution Control Board, Meerut (hereinafter referred to as ‘UPPCB’). Report said that inspection of M/s New Yashoda Hospital, Raj Nagar Colony, Gadh Road, Meerut was carried out on 12.03.2024 when the hospital was found

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locked. Earlier Hospital with ten beds capacity was operated by Navin Tyagi s/o Late Dhirendra Tyagi, resident of village Bihuni, Tehsil and District Hapur, in a rented building of approximately 350 sq. m. area. Sewage generated from the area is discharged into public sewer which is treated in Common Effluent Treatment Plant (hereinafter referred to as CETP) operated by Meerut Development Authority. The above Hospital had obtained ‘Authorization’ under Bio-Medical Waste Management Rules, valid for the period of 31.12.2023 for disposal of bio-medical waste through authorized Common Bio-Medical Waste Treatment Facility (hereinafter referred to as ‘CBWTF’). No further authorization after expiry of the above authorization was obtained. The Hospital has also obtained a Fire Safety No Objection Certificate (hereinafter referred to as ‘NOC’) and has operated with the changed name/new name i.e. M/s New Yashoda Hospital.

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Earlier in the context of complaint, Hospital was inspected by the officials of Medical Department Meerut and a notice for clarification of discrepancies found in inspection was issued on 26.08.2023. Due to noncompliance of Medical Regulations, registration of the Hospital was revoked/cancelled by Chief Medical Officer, Meerut vide order dated 25.11.2023 and pursuant thereto Hospital is lying closed.

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Since the Hospital was lying closed, compliance of water and air pollution could be observed by Joint Committee.

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Regional Officer, UPPCB Meerut submitted a reply/response vide email dated 03.05.2024 wherein the facts stated in the joint Committee report were reiterated.

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The project proponent i.e. the Hospital-(Respondent No.5) filed I.A. No. 247/2024 dated 23.05.2024 requesting for early hearing of the

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matter and another I.A. No. 248/2024 was filed seeking a direction to UPPCB to process the application of project proponent for grant of ‘Authorization’ which had expired on 31.12.2023, at an early date.

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Since response was not filed by Respondent No. 5, there was no occasion to pass any other hence I.A. No. 248/2024 was dismissed as withdrawn at the request of Counsel for the project proponent and the order was accordingly passed on 28.05.2024. I.A. No. 247/2024 was also rejected vide order dated 19.07.2024.

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Respondent No. 5 has filed its reply vide email dated 28.05.2024 stating it had received notice through District Magistrate Meerut and reply is being filed by M/s New Yashoda Hospital through Navin Tyagi s/o late Dhirendre Tyagi, Managing Director of the Hospital. The allegations in the application have been denied in general and it is said that the complaint is frivolous, misconceived and malafide. It is stated that the complainant has approached Tribunal with uncleaned hands and himself is accused in several criminal cases. No reply on merits has been given by Respondent No. 5.

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Today, we have heard the matter on merits.

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It is evident from record that though Hospital has operated till registration was cancelled by Chief Medical Officer vide order dated 25.11.2023, but during its operation, it did not obtain requisite statutory consent under Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as ‘Water Act, 1974’) and Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘Air Act, 1981’).

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Learned Counsel for Respondent No. 5 could not place any material before us to show that any such consent was ever obtained by the Hospital.

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Therefore hospital operated illegally in violation of mandatory environmental laws particularly Water Act, 1974 and Air Act, 1981.

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We are also informed that effluent treatment plant of 2 KLD has been installed in the hospital premises for treatment of effluent but for the said plant also no consent has been obtained from the statutory authorities. In view thereof it is clear that for substantial period hospital had functioned illegally and in violation of environmental laws causing damage to environment.

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It is also not disputed that DG set is installed in the hospital and for this purpose also no consent has been obtained under Air Act, 1981. In these facts and circumstances, we are clearly of the view that the project proponent is liable to pay environmental compensation by application of ‘Polluter Pays’ principle.

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We accordingly compute environmental compensation of Rs. 5 lakhs for past violations. Shri Navin Tyagi, Managing Director of the Hospital is present in person and represented through Shri Azad Bansala, Advocate and they made a statement at the Bar that Proponent will pay the said amount if two months’ time is granted for payment thereof.

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We accept the statement, record above statement, and permit Respondent 5 to make payment of environmental compensation of Rs. 5 lakhs within two months by depositing it with UPPCB.

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The amount of environmental compensation recovered from Respondent No. 5 by UPPCB as directed above, shall be utilized for remediation, restoration and rejuvenation of environment in accordance with restoration plan which shall be prepared within one month by a Joint Committee comprising District Magistrate, Meerut, Divisional Forest Officer, Meerut and UPPCB wherein UPPCB shall be nodal authority for coordination and compliance. After preparation of the said plan the same shall be executed within three months and compliance report shall be submitted by 15.02.2025 with Registrar General of this Tribunal. If any further order is required Registrar General shall place the matter before the Bench concerned.

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With the above directions, the original application is disposed of.

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All pending IAs also stand disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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September 10, 2024 O.A. No. 31/2024 A

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Harender Kumar vs

Case brief

What is this about?

What did the court decide?

Harender Kumar vs

Case brief

What is this about?

What did the court decide?

What the court decided

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