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Judgment
We have heard the learned counsel appearing for the applicant as well as the respondents.
The application seeks for a direction against the Andhra Pradesh Pollution Control Board not to allow the applications for establishment and operation of Bio Medical Waste Treatment Facilities in the State of Andhra Pradesh to collect, transport, treat and safe disposal of Bio-Medical Waste generated from the hospitals/HECs situated in the Districts of Andhra Pradesh without considering the full capacity of the existing Common Bio Medical Waste Treatment Facilities in operation and its potential enhancement of the production and the need for establishment of fresh Common Bio Medical Waste Treatment Facilities in the State of Andhra Pradesh.
It is admitted that the State of Andhra Pradesh has already framed the guidelines for the purpose of granting the Bio Medical Waste Treatment Facilities. Needless to state that considering the same, the State Pollution Control Board can always have its own guidelines.
In such view of the matter, it is always open to the State Pollution Control Board to implement the various guidelines framed by them for the purpose of granting facility for the Bio Medical Waste Treatment. In cases where illegality has been committed for the purpose of not granting such facility, without following the guidelines, it is always open to the Pollution Control Board to approach this Tribunal challenging the same.
In view of the same, we dispose of the application with a direction to the Board to strictly follow its own guidelines and the guidelines framed by the Central Pollution Control Board in accordance with the Bio Medical Waste Management Rules, 2016 in respect of the installation and operation of the Common Bio Medical Waste Treatment Facilities in the State of Andhra Pradesh.