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Judgment
Review Application NO.12 of 2017
We have heard learned Advocate General Mr.Vijay Narayanan appearing for the applicant in Review Application viz., State Pollution Control Board and Mr.Ravichandran, learned counsel appearing for the 1st respondent who was the appellant in Appeal No.76 of 2017. After hearing both the parties in Appeal No.76 of 2017, in our order dated 21.09.2017, we have made it very clear that the 1st respondent (appellant in the Appeal ) is entitled to do only the normal laundry activities and shall not act as a Bio Medical Waste Treatment facility. The Review Application is filed on the ground that in the said order, we have made an observation which is as follows:
"We direct the Board to closely supervise the activity of the appellant and file a Status Report on the next date of hearing."
The learned Advocate General states that even after the expiry of Authorisation granted to the 1st respondent which has come to an end on 31.03.2017, the 1st respondent continues to act as a Bio Medical Waste Treatment Facility and that is the reason for filing this Review.
The learned Advocate General appearing for the Board further submits that even after the order dated 21.09.2017 came to be passed by this Tribunal, the 1st respondent is advertising by displaying on the website that the unit is handling Bio Medical Waste Treatment from number of Hospitals Health Care Facilities. Admittedly, the website is still alive even today. It is the case of the Learned Advocate General that the Advertisement in misleading and since it is available in the public domain, there is every possibility for the hospitals and other Health Care Facilities to send their discarded linens to the 1st respondent Unit which is not permissible in law and this was made very clear in our order dated 21.09.2017. Therefore, it is very clear that even by mistake if any of the discarded linen is subjected to washing and reuse, there will be a chance of spreading germs and diseases which will be disastrous to the public health and hence the Review Application is filed.
The learned counsel appearing for the appellant in Appeal No.76 of 2017 who is the 1st respondent in the R.A. would submit that while in our order dated 21.09.2017, it is made very clear that normal laundry activity is permitted, the Pollution Control Board has not taken any steps for the restoration of electricity supply and after the Review Application is filed, a copy was served by the learned counsel appearing for the Board. The Review Application filed by the Board need not be entertained. He would also submit that as per the order, the 1st respondent cannot deal with the Bio Medical Waste Treatment Facility and even otherwise, the Authorisation granted has expired on 31.03.2017 and as on date, it cannot handle BMW Treatment Facility particularly discarded linen from the Hospitals and Health Care units. He would also submit that the Advertisement displayed on the website of the Company will be removed within 24 hours.
In view of the undertaking given by the learned counsel appearing for the 1st respondent in M.A. and recording the said statement on instruction of the Legal Manager of the 1st respondent, we make it clear that the said website shall be erased within 24 hours by the 1st respondent and the 1st respondent shall not deal with any Bio Medical Waste Treatment .
However, we make it clear that the 1st respondent is always permitted to undertake normal laundry activities stipulated to a launderer and deal with cleaning and washing of clothes other than hospitals and health care facilities including discarded linens. In view of the above, Review Application No.12 of 2017 stands closed.
M.A.No.179 of 2017 :
This is an application filed by the applicant herein, who is the appellant in Appeal No.76 of 2017 against the Pollution Control Board for not implementing the order of this Tribunal dated 21.09.2017. In spite of the order that the applicant can act as a launderer, electricity supply has not been restored and that is the reason for filing the M.A.
Today, in Review Application No.12 of 2017, we have clarified based on the undertaking given by the learned counsel appearing for the applicant herein to the effect that except washing of clothes as a laundry, the applicant will not carry on Bio Medical Waste Treatment Facility and will not handle BMW. Accordingly the review application has been disposed today. Therefore, we direct the Pollution Control Board to take steps to restore the electricity supply, to enable the applicant in M.A. to deal with the laundry business. Recording the said statement M.A.No.179 of 2017 also stands closed.