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Judgment
This appeal has been preferred against grant of Environmental Clearance (EC) by State Level Environment Impact Assessment Authority (SEIAA), Uttarakhand on 31.07.2021 for proposed Common Bio Medical Waste Treatment Facility at Khasra No. 923 to 1002, Village - Kodarna, Tehsil - Narendra Nagar, Tehri Garhwal.
We have heard learned Counsel for the appellant.
Objections of the appellant to the grant of EC set out in the memo of appeal and canvassed during the hearing are that location of the facility is near forest, habitation, public tank, school and panchayat house. The facility is 'red' category unit in eco fragile region and against the siting norms under Rule 17 of the BMW Rules, 2016. Facility is within 75 km of existing treatment facility at Dehradun which is against CPCB guidelines. Geo coordinates mentioned in the EC are different from those mentioned in the inspection report. There is also encroachment on the government land.
We have considered the submissions but do not find any merit therein. There can be no dispute that the facility is essential for scientific treatment of bio-medical waste. Though it is 'red' category industry requiring compliance of all safeguards, the fact that the same is essential cannot be ignored. Thus, the question is whether there is violation of environment norms. The appellant has not shown that the facility is in the forest area or within prohibited distance from other sensitive locations. There is always bound to be some sensitive locations at some distance. So long as the same is not within prohibited distance, it cannot be said that siting norms are not met. As regards Geo coordinates being different, it is too technical and error in description only as the khasra numbers are same. Encroachment, if any, on a small part of land is also not illegality vitiating EC but an issue to be looked into by the concerned authorities. Again, the deficiency in objection of NOC by Panchayat is that it is given during code of conduct which does not affect validity of EC. Public hearing has been duly conducted and due process followed. We, thus, do not find any ground to interfere with the impugned EC.
The Appeal is dismissed.