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Judgment
This application seeks remedial action against violation of environmental norms by M/s. Bio-Medical Waste Disposal Agency through Mr. Vishal Sathe, Khasra No. 622, Village Pandwa, Raya-Neemgaon Road, Tehsil Mantt, District Mathura, Uttar Pradesh. According to the applicant, the project is Red Category Industry as per Categorizations of the CPCB. The same is operating without requisite Environmental Clearance (EC) from SEIAA, UP, even though it is located in Taj Trapezium Zone (TTZ), Agra. The applicant filed complaint dated 03.07.2021 to the Chairman TTZ and such complaint was also filed with the UPPCB, but no action has been taken.
We find that the activity in question is for processing the medical waste which is in the nature of public utility. We also find that as per inspection report dated 18.09.2017 by the State PCB, which has been filed as annexure A-4 to the application, NoC was granted by the State PCB on 26.12.2008, prior to the Notification dated 17.04.2015, annexure A-11, laying down the requirement of EC for BMW Treatment Facilities. The applicant does not allege any violations except that EC has not been obtained without showing applicability of the Notification dated 17.04.2015 to a facility established in the year 2008.
In these circumstances, we are not inclined to entertain the application except to direct that the State PCB may ensure that the unit ensures compliance with norms under the Air (Prevention & Control of Pollution) Act, 1981, the Water (Prevention & Control of Pollution) Act, 1974, the Environment (Protection) Act, 1986 (EP Act) and Bio-Medical Waste Rules, 2016, framed under the EP Act.
The application is disposed of.
In view of order in the main matter, I.A. No. 169/2021 also stands disposed of.
A copy of this order be forwarded to State PCB by e-mail for compliance.