The National Green Tribunal Eastern Zone Bench disposed of an application alleging pollution from an open sewage drain after the respondent authorities disclosed that the specific drain was covered and others are covered by an existing work plan.
The Original Application is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No.1
Item No.05
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.107/2024/EZ
Smt. Haripriya Patel
Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 02.04.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Ms. Haripriya Patel, in person (in Virtual Mode)
For Respondent(s) : Mr. Dipanjan Ghosh, Adv. for R-1 (in Virtual Mode),
ORDER
(The final order of this case shall be uploaded in the NGT
Website by separate sheets of paper)
B. Amit Sthalekar, JM
Dr. Afroz Ahmad, EM
April 02, 2025, Original Application No.107/2024/EZ SKB
1
Court No.1
Item No.05
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.107/2024/EZ
In the matter of : Smt. Haripriya Patel 106, Lumbini Enclave, Chandrasekharpur Near Care Hospital Bhubaneswar - 751021
…. Applicant(s)
Versus
1. Odisha State Pollution Control Board
Odisha
2. Sambalpur Municipal Corporation Through its Municipal Commissioner, Durgapali, Sambalpur - 768006
…. Respondent(s)
Date of hearing: 02.04.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Ms. Haripriya Patel, in person (in Virtual Mode)
For Respondent(s) : Mr. Dipanjan Ghosh, Adv. for R-1 (in Virtual Mode),
ORDER
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polluting the entire area. It is apprehended that as a result of dirt and filth caused the drain will become a breeding ground for mosquitoes leading to dengue and other diseases.
and the Committee was required to visit the site in question and submit its Inspection Report with regard to the allegations made in the Original Application.
“Inspection report of Joint Committee visit regarding pollution caused from open sewage drain near the residence of Smt. Haripriya Patel, At- Lane – 2/1, Kalyan Nagar, SRIT Colony, POBudharaja, Dist.- Sambalpur ()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()()
In pursuance of the order dtd. 03.07.2024 of the Hon’ble NGT, EZB, Kolkata in the matter of O.A. No.107/2024/EZ – Smt. Haripriya Patel – Vrs. State of Odisha & Ors. SPCB, Odisha, Head Office, SPCB vide letter no.11176 dtd. 23.07.2024, the committee conducted the joint inquiry on 06.08.2024 as per the scheduled date fixed by Regional officer & Nodal Officer, Regional Office, SPC Board, Sambalpur vide his letter no.2555, dtd. 31.07.2024.
The following members were present during the joint committee visit.
1. Dr. Satya Narayana Nanda, Regional officer, SPC Board, Sambalpur.
2. Smt. Sarojini Prasan Kullu, Addl. Commissioner, Sambalpur Municipality Corporation, Sambalpur
Also, the following officials and representative(s) of the petitioner’s have accompanied the joint committee during the visit.
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1. Er. Biswakant Pradhan, Dy. Env. Engineer, SPCB, Sambalpur
2. Er. Rakesh Ku. Panda, Asst. Env. Engineer, SPCB, Sambalpur
3. Sri Manoranjan Pradhan, Asst. Env. Scientist, SPCB, Sambalpur
4. Sri Shankar Prasad Sahu, Dy. Commissioner, SMC, Sambalpur
5. Sri Dibya Ranjan Tripathy, Exec. Engineer II, SMC, Sambalpur
6. Sri Srikanta Majhee, Asst. Exec. Engineer, SMC, Sambalpur
7. Sri Rajendra Prasad Mishra, Junior Engineer, SMC, Sambalpur
8. Smt. Mahima Patel, Resident, At- Lane – 2/1, Kalyan Nagar, SRIT Colony, PO- Budharaja, Dist.- Sambalpur
During the visit, the representative of the petitioner Smt. Mahima Patel was also present, and a detailed discussion was made point to point as reflected in the petition of Smt. Haripriya Patel Vrs. State of Odisha & Ors. and following observations were made during the visit.
Observations:
Following observations were made by the committee during joint enquiry.
| Sl.No. | Description | Observations |
|---|---|---|
| 1. | The present Original |
The committee consisting of |
| Application has been registered in view of a letter petition sent by the Applicant, Smt. Haripriya Patel, in the |
the members listed above visited the site in question and inspected it. It was observed that there is an |
|
| National Green Tribunal, |
open drain running |
|
| Eastern Zone Bench, Kolkata, on 26.03.2024 alleging that adjacent to her residence one open sewage drain is passing and the water of the said |
adjacent to the road in front of the residence of the petitioner. On the day of inspection, it was observed that the drain was carrying |
|
| drain is full of dirt, human excreta, hospital effluents, garbage etc. |
no to very less water. There is a hospital namely M/s. Life Care Hospital at a distance of 430 m from the residence of the |
|
| petitioner which was inspected on dtd. |
||
| 25.07.2024 by the Board officials. The report reveals |
||
| that the hospital is taking |
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| due care for disposal of liquid/chemical wastewatger generated from the HCF with 1-2% Sodium hypochlorite prior to disposal and the health care facility disposes its Bio-Medical Waste at the CBMWTF (Common Bio- Medical Waste Treatment |
||
|---|---|---|
| Facility) of M/s. Mediad | ||
| Marketing Services at Amasaranga, Dist.- Sundargarh and has valid agreement (upto January 2028). |
||
| 2. | It is also alleged that the drain waste is causing pollution in |
On the day of inspection, it was observed that there |
| the locality around the |
was no garbage, dirt being | |
| residence and is emanating foul smell and stink polluting |
carried in the drain. It was also observed that concrete |
|
| the entire area. It is |
slabs were being caste to | |
| apprehended that as a result of dirt and filth caused the drain will become a breeding |
cover the open drains and the same will be completed within 8-10 days as stated |
|
| ground for mosquitoes leading to dengue and other diseases. |
by the Junior Engineer (Civil), SMC Sambalpur.” |
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Life Care Hospital has been filed of an inspection carried out on
25.07.2024 which reads as under :-
“INSPECTION REPORT OF HEALTH CARE FACILITY
=============================================
Date of Inspection: 25.07.2024
| Sl.No. | ||
|---|---|---|
| 01. | Name of the HCF | : M/s Life Care Hospital |
| 02. | Address | : At-SRIT Colony, PO- Budharaja, |
| Dist.- Sambalpur | ||
| 03. | Name of the Occupier | : Dr. Pravas Debta, Proprietor Contact no.-9040525223 Person present during inspection |
| Ms Anita Khadia, OT sister, |
||
| 8249675083 |
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| 04. |
Category of HCF |
: | Private |
|---|---|---|---|
| 05. | No. of beds | : | 12 nos. (Ground floor- OPD, dressing room, OT, photo therapy and warmer room, 02 nos. individual cabins and 01 no. twin sharing cabin= 04 no. of beds in GF; 1stfloor- general ward 05 no. of beds, 01 no. single cabin and 01 no. twin sharing cabin= 08 nos. bed in FF) |
| 06. | Segregation Practice | : | Yes. The HCF has provided one set of colour coded bins and |
| segregation practice is being followed. |
|||
| 07. | Whether mutilation of waste sharps and solid waste is being practiced |
: | Yes. The HCF has provided needle cutter at sister’s duty room for mutilation of used needles and syringes. |
| 08. | Whether common biomedical waste |
: | Yes. As Per Agreement Dated 01.02.2023 Made Between M/S |
| treatment facility being |
Life Care Hospital, SRIT Colony, | ||
| used | Budharaja, Sambalpur And M/S | ||
| Mediaid Marketing Services, |
|||
| Nayapali, Bhubaneswar Having Common Biomedical Waste |
|||
| Treatment Facility (CBMWTF) at Amasranga, Dist.- Sundargarh |
|||
| valid for 05 years (upto January | |||
| 2028) for 12 no. of beds. | |||
| 09. | Treatment and disposal | : | • The HCF disposes its |
| practice | BMWs at the CBMWTF of | ||
| M/s Mediaid Marketing |
|||
| Services, Nayapali, |
|||
| Bhubaneswar having |
|||
| Common Biomedical Waste | |||
| Treatment Facility |
|||
| (CBMWTF) at Amasranga, | |||
| Dist.- Sundargarh and has | |||
| made an agreement for the | |||
| same valid for 05 years | |||
| (upto January 2028) for 12 no. of beds. |
|||
| • Records have been |
|||
| maintained regarding |
|||
| generation and disposal of biomedical waste. |
|||
| • The Liquid/chemical |
|||
| wastewater generated |
|||
| from the HCF is being | |||
| treated with 1-2% sodium | |||
| hypochlorite prior to |
|||
| disposal. Domestic |
|||
wastewater is being |
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| disposed in Septic tank followed by Soak pit. • Overall Treatment and disposal practice of the unit seems to be Satisfactory during inspection. |
|||
|---|---|---|---|
| 10. | Authorization status | : | The HCF has obtained BMW Authorization vide HO letter no.- 15792 dt.11.10.2021 valid up to 31.03.2025 for 12 no. of beds. |
| 11. | Any other observations/Conclusion |
: | The overall biomedical waste treatment facility of the unit is |
| found to be satisfactory. The disposal of treated biomedical waste is in accordance with the |
|||
| Biomedical waste Management | |||
| Rules, 2016 and amendments thereafter. |
Dy Env. Scientist SPC Board, Sambalpur”
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Facility (CBMWTF) of M/s Mediad Marketing Services at Amasaranga, District-Sundargarh and has valid agreement till January 2028.
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is given as 11.08.2025 as would be clear from the Work Plan Chart filed hereinabove.
..................................... B. Amit Sthalekar, JM
..................................... Dr. Afroz Ahmad, EM
April 02, 2025, Original Application No.107/2024/EZ SKB
11
1 issue framed by the court
Whether an application alleging pollution from an open sewage drain should be disposed of given that the drain covering is complete or underway.
Smt. Haripriya Patel
State of Odisha
Odisha State Pollution Control Board
Sambalpur Municipal Corporation
B. Amit Sthalekar
Afroz Ahmad
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
