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Judgment
This original application is registered suo motu on the basis of the news item titled “"Khule me pada chikitsa kachara, mareejo kee sehat par khatra" published in ‘Hathras News’ dated 23.01.2024”.
The news item relates to scattering of bio-medical waste in the compound of Bagla Combined District Hospital, Hathras, Uttar Pradesh. The news item reveals that in the above hospital premises, the bio-medical waste is lying scattered which includes the used injection needles, bottles, empty medicines packets, etc. which are creating health hazard to the patients and their relatives. The news item further reveals that inspite of the fact that the scattered bio-medical waste in the hospital premises is harmful not only to the human being but also to the cattle which eats a part of it, no action is being taken by the hospital management. Such bio-medical waste creates a danger of spread of HIV, hepatitis, etc.
The news item raises substantial issue relating to the compliance of the environmental norms.
Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
On advance notice, the Uttar Pradesh Pollution Control Board (UPPCB) has filed the report on 01.03.2024. The report confirms the allegation of the news item and states that the hospital in question has committed violation of norms in the management of the bio-medical waste. The report discloses the position in respect of both the hospitals in question as under:
i. M/s Bagla Joint District Men Hospital, Hathras
“xxx …………………………………..xxx…………………………………xxx
”
ii. District Women Hospital, Hathras
“xxx …………………………………..xxx…………………………………xxx
”
As per the disclosure made in the report, show cause notice has already been issued to both the hospitals for imposition of Environmental Compensation (EC). Hence, the issue relating to the extent of violation, remedial action and imposition of EC needs to be considered by the competent authority of UPPCB.
Thus, we dispose of the OA directing the UPPCB to take appropriate action after duly following the principles of natural justice and submit the action taken before the Registrar General of the Tribunal within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed before the bench for consideration.
The OA is accordingly disposed of.
A copy of the order be forwarded to UPPCB by e-mail for compliance.