Governance

Daily Court Digest: Major environment orders (March 20, 2023)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal  

 
By DTE Staff
Published: Tuesday 21 March 2023
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Biomedical waste facility in Jalgaon violating environmental norms

The National Green Tribunal (NGT) directed Maharashtra Pollution Control Board (MPCB) to look into the allegations of violation of environmental norms in the operation of a biomedical facility in Jalgaon, Maharashtra.

The tribunal asked the MPCB to take remedial measures to ensure compliance with Biomedical Waste Management Rules, 2016. It also asked the pollution control agency to assess the facility’s performance regarding the quantum of biomedical waste generated at Jalgaon and the facilities created to manage it. 

“State PCB may also check up compliance with environment clearance conditions and compliance of Rule 5(q) of the BMW Rules with regard to setting up and performance of the incinerator,” said the March 16 NGT order.

Applicant Tushar Chandrakant Nehete had filed a petition against violating environmental norms in the operation of a biomedical waste facility, Masai Biomedical Waste Enterprises Pvt Ltd, at Jalgaon. The license given to the biomedical waste facility has expired, but it was collecting money from the waste contributors, the plea said. 

The vehicles of the facility did not follow the guidelines laid down, the applicant further said. Waste was not being collected from 95 per cent of the registered centres, particularly villages and other remote areas.  

Biomedical waste was being collected from only a few places on alternative days. The facility was charging Rs 200 to Rs 500 per nursing home towards diesel costs without receipts. Charges were also collected for biomedical plastic bags, the application added. 

The facility was also collecting extra money from customers, the plea further said. In addition, Rs 25,000 to Rs 30,000 was collected from each practitioner and no proper record was maintained.

Waste mismanagement

The NGT directed Uttar Pradesh Pollution Control Board and District Magistrate, Shahjahanpur to look into the mismanagement of wet and dry waste in Gram Panchayat Gurgawan, block Tilhar, district Shahjahanpur. The SPCB would be the nodal agency for coordination and compliance.

The Gram Panchayat was burning waste to the detriment of the environment, a plea had alleged. 

Filling up of a waterbody

NGT directed a team comprising the West Bengal Pollution Control Board, State Wetland Authority, divisional forest officer for Kolkata and district magistrate for Howrah South to investigate the alleged filling up of a waterbody within the premises of Howrah Jute Mills.

The applicant, SK Mujibar Rehman, who represents a union of workers, in his application, said the waterbody has been in existence for the last hundred years. More than one thousand fully grown trees had been illegally chopped down for construction purposes, he further alleged.

Illegal dumping of plastic and hospital waste

The NGT directed authorities concerned to investigate a complaint of illegal plastic and hospital waste dumping in village Bajghera, tehsil and district Gurugram. The tribunal also directed that remedial action under the law be taken. 

An application in the NGT also complained about the illegal trade of polythene, which is banned. The tribunal directed the Haryana State Pollution Control Board, Municipal Corporation, Gurugram and district magistrate, Gurugram, to take the requisite action. 

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