The National Green Tribunal, Eastern Zone Bench dismissed an original application seeking direction to stop illegal functioning and revoke environmental clearance of a Common Biomedical Waste Facility. The court held that challenging the grant of Environmental Clearance can only be done via appeal.
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.
Item No.01
Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.74/2025/EZ
IN THE MATTER OF
7. Central Pollution Control Board, Through its Member Secretary, Paribesh Bhawan, CBD-cum-Office Complex,
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East Arjun Nagar, Delhi – 110032, India
8. M/S Utkal Envirocare, Through its Director, Ganesh Prasad Swain, Mouza- Balibad, Tahasil – Soro, District – Balasore, Pin - 756045
………..Respondent(s)
Date of hearing: 05.05.2025
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Lambit Senapati, Advocate (in Virtual Mode)
ORDER
Mode) for the Applicant.
A. Issue a direction to the Respondent to stop the illegal functioning of Common Biomedical Waste Treatment and Disposal Facility established by the Respondent No.8 for violating the guidelines prescribed by the Central Pollution Control Board.
C. Issue direction for revocation/suspension of Environment Clearance Certificate issued in favour of the Respondent No.8 for establishment of Common Biomedical Waste Treatment and Disposal Facility if found that they have not followed the guidelines established by Central Pollution Control Board.
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And may pass any other order/orders as this Hon’ble Tribunal deem fit and proper.
And for this act of kindness the applicant as in duty bound shall ever pray.
It is also alleged that the Environmental Clearance (EC) for setting up of the Common Biomedical Waste Treatment and Disposal Facility has been issued without following the guidelines and as a result the said “Common Biomedical Waste Treatment and Disposal Facility” is detrimental to the interest of the environment.
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Pollution Control Board for establishment of Common Bio Medical Waste Treatment and Disposal Facility, specifically mention that:-
.....................................
B. Amit Sthalekar, JM
…..........................................
Dr. Arun Kumar Verma, EM
May 05, 2025, Original Application No.74/2025/EZ OM
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1 issue framed by the court
Whether an original application challenging the grant of Environmental Clearance for a Common Biomedical Waste Treatment Facility is maintainable under Section 16 of the National Green Tribunal Act, 2
Rajesh Kumar Mohapatra
State of Odisha
State Environment Impact Assessment Authority, Odisha
Odisha State Pollution Control Board
Health and Family Welfare Department
The Collector-Cum-District Magistrate, Balasore
B. Amit Sthalekar
Arun Kumar Verma
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
