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Judgment
Application is registered based on a Letter Petition received by Email.
The grievance made in this present Letter Petition sent by Mr. Rajesh Kumar resident of H. No. M3/538, S.D. School Wali Gali, Guru Ram Dass Nagar, Tehsil & District Amritsar is that private hospitals of Jammu, particulars of which are mentioned in the list attached with the letter petition, throw their waste (Dry and wet) into the street, roads and vacant land of Jammu city during night causing spread of diseases in Jammu and damaging the environment.
Vide order dated 17.05.2022, this Tribunal constituted a Joint Committee comprising of the Health Department, Union Territory of Jammu and Kashmir, J&K PCB and Deputy Commissioner, Jammu and directed the same to submit factual and action taken report within two months. The relevant part of the order reads as under:-
“X X X X X X
In view of the averments made in the letter petition, we are of the view that the factual position needs to be verified and remedial action is required to be taken on the basis thereof by the concerned Statutory Authorities. We accordingly constitute Joint Committee of representatives of Health Department, Union Territory of Jammu and Kashmir, J&K PCB and Deputy Commissioner, Jammu and direct the same to verify the factual position, look into the grievances of the applicant and take remedial action in accordance with law by following due process within one month from the date of receipt of a copy of this order. The J&K PCB will be the Nodal agency for coordination and compliance.
Factual and action taken report may be furnished within two 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, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.
The application is disposed of with the above said directions.…..”
In compliance thereof, Mr. K. Ramesh Kumar, IFS, Member Secretary, Jammu and Kashmir Pollution Control Committee has submitted report of the Joint Committee vide letter dated 13.07.2022 sent by email dated 13.07.2022 to this Tribunal. The relevant part of the report reads as under:-
“X X X X X X
II. Action Taken:
Action taken by the Joint Committee comprising of Regional Director, J&K PCC Jammu. Deputy Commissioner, Jammu and Chief Medical Officer, Jammu. in compliance to the directions of Hon' le NGT is scrutinized as under :-
In order to verify the factual position as directed vide order passed by Hon'ble NGT on 17-05-2022, below mentioned action was taken :
i) That, the Chief Medical Officer, Department of Health and Family Welfare, Jammu vide Regional Director Pollution Control Committee, Jammu's letter No. PCC/RDJ/SA/NGT/OA377/22/1263-64 dt: 08/06/2022 was requested to submit the status of registration/provisional registration of each HCF and also to provide the copies of the certificates in question of the 43 Health Care Facilities (HCFs). The referred list of 43 HCFs submitted by the applicant with his petition has reflected M/s Raksha Kidney Centre, Near Circuit House, Talab Tillo, Jammu at S.No. 21 and repeated the name of said HCF at S.No. 35, as such there are 42 HCFs. The Registration certificates of all but one HCFs (i.e. 41) provided by the Chief Medical Officer are attached as Annexure `A'.
ii) That, before initiating the process of verification of complaint/grievance of the applicant, a letter was issued to the applicant Sh. Rajesh Kumar vide Regional Director Pollution Control Committee Jammu office No. PCC/ RDJ / NGT/OA /344/ 2022/1413-16 dated 17-06-2022 (sent through Registered Post) to present himself before the committee in the office of Regional Director , J&KPCC, Jammu on 24-06-2022 at 12:00 noon along with evidence, if any, in shape of photographs, videos or documents etc. However, the applicant did not appear before the committee. The applicant was again requested vide Regional Director , J&KPCC, Jammu No. PCC / RDJ / NGT / OA/344/2022/ 1583-86 dated 25-06-2022, (sent through Speed Post) to appear before the committee on 30-06-2022 at 12:00 noon to share any evidence. Again, the applicant did not appear and committee did not receive any form of communication from him. (Copies of both the letters along with postal receipts are attached as Annexure.
iii) That, as per information provided by Chief Medical Officer, Jammu and as per the records available in this office, the status of registration issued by Health Department, status of Consent under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and Authorization under Bio Medical Waste Management Rules 2016 is given as under:-
S
Name & of HCF
Health Deptt. Registr ation validity
status
Consent
Authori
Remarks
No.
Validity
zation
Status
Validity
Status
1
Ankur Maitrika Hospital (OPC) Pvt. Ltd, Near Jodhamal Public
School, Jammu
Valid
Valid
Valid
2
Yudhvir Nursing Home, Manda, B.C
Road Jammu
Valid
Valid
Valid
3
Triveni Nursing Home, 8-C/C Gandhi Nagar, Jammu
Valid
Under Process for renewal
Under Process for renewa
Applied for Authorization
/R and CTO-R
l
4
AV Nursing Home,
Valid
Valid
Valid
Channi Himmat, Jammu
5
Indira IVF Hospital Pvt. Ltd., 2nd Floor City Plaza Maharaja Gulab Singh Marg, Jammu
Valid
Valid
Valid
6
SDS Hospital,
Shahpur Brahmana, Bishnah , Jammu
Valid
CTE-F
obtained
Under Process
Applied for Authorization
/F.
7
Jammu City Oncology Clinic with Interventions, 129/2, Garden Avenue, Talab
Tillo, Jammu
Valid
Under Process
Valid
Applied for CTO-R
8
JK Medicity Hospital, Thanger, Channi,
Jammu
Valid
Valid
Valid
9
Sukhda Nursing Home, 3 D/D 2nd Ext, Green Belt Park, Gandhi Nagar, Jammu.
Valid
Under Process
Under Process
Applied for A/R and CTO-R,
Notice-1
10
Maha Rishi Dayanand Hospital & Medical Research Centre, B.C Road, Jammu
Valid
Closure and EC recomm ended
Closure EC
recom mended
Closure & EC recommende d
11
Care n Cure Nursing Home, 78/8 New Bye Pass Road, Trikuta Nagar, Jammu
Valid
Valid
Valid
12
Ganeshdaya Nursing Home, Talab Tillo, Jammu.
Valid
Under Process
Under Process
Applied for A/R and CTO-R,
Notice-I
13
S.H.S. Memorial
Hospital, Rehari Chowk, Jammu
Valid
Under Process
Valid
Applied for CTO/R ,
Notice-1
14
National Hospital,
Airport Road, Karan Nagar, Jammu
Valid
Valid
Valid
15
Swami Vivekanand Medical Mission, Amphalla Jammu
Valid
Under Process
Valid
Applied for CTO-R
16
Max Life Hospital and Trauma Centre, Sunjuwan
Valid
Valid
Under Process
Applied for A/R.
17
Sudan Heart Care Centre, Rohi Morh, Satwari, R.S. Pura
Jammu
Valid
Under Process
Under Process
Applied for A/R and CTO- R, Notice-1
18
Goel Hospital & Medical Research Centre, Old University Lane, Canal Road, Jammu
Valid
Under Process
Under Process
Applied for A/R, CTO-F,
Notice-1
19
Choudhary Nursing
Home, Nagrota
Valid
Under
Process
Valid
Applied for
CTO-F
20
Rahat Hospital, Opp. Chirag Public School, Malik Market, Bathindi, Jammu
Valid Process
Under
Valid
Applied for CTO-R
21
Raksha Kidney Centre,
Valid
Valid
Valid
Near Circuit House, Talab Tillo Road, Jammu
22
Suvidha Mother & Child Nursing Home, Talab
Tillo Jammu
Valid
Under Process
Valid
Applied for CTO-F
23
Suri Nursing Home, Canal Road Jammu.
Valid
Under Process
Valid
Applied for CTO-F and A/R, Notice-I & Final
Notice
24
Bee Enn General Hospital, Pacca Gharat, Talab Tillo
Road, Jammu.
Valid
Valid
Under Process
Applied for A/R
25
Choudhary Nursing Home,GREF Road, Akhnoor Jammu
Valid
Closure
& EC
recomm ended
Clo
sure &
EC
recom mende d
Closure & EC recommende d
26
Lajwanti Medical Trust, Opp. Greater Kailash Colony, Vill. Deeli, Jammu
Valid
Valid
Valid
27
Madaan Hospital & Research Centre, 37 A/C Gandhi Nagar, Jammu
Valid
Under Process
Valid
Applied for CTO-R
28
Lochan Nursing Home,
39C, Sector 1, Trikuta Nagar, Jammu
Valid
Valid
Valid
29
Kalindi Nursing Home,
2/155, Vikas Nagar, Subhash Nagar, Jammu
Valid
Valid
Valid
30
Pulse Hospital & Research Centre. NH-1. Bye Pass Road Gujjar Colony,
Sunjawan, Jammu
Valid
Under Process
Under Process
Applied for CTO-F and A/F
31
SDDM Hospital, Channi
Himmat, Jammu
Valid
Valid
Valid
32
Life Scan Nursing Home (B.S NH), 605-A Last
Morh G.Ngr Jammu
Valid
Valid
Valid
Notice-1
33
Pushpanjali Life Hospital, Lale Da Bagh,
Bhouri, Jammu
Valid
Valid
Valid
34
Nirmaya Hospital, Opp. JRC Home, Udheywala,
Bohri
Valid
Under Process
Valid
Applied for CTO-R
35
Raksha Kidney Centre, Near Circuit House, Talab Tillo Road, Jammu
Repeated at S.No.12
36
Swastik Nursing Home, Janipur, Jammu
Valid
Not Applied
Not valid
Not valid. Applied for A/R , Notice-
I, Final Notice
37
Shub Tilak Multispeciality Hospital, Nirdosh Chowk, Akhnoor, W.
No. 10, Jammu
Valid
Under Process
Valid
Applied for CTO-F
38
Baba Nanak Medicity, Gadi Garh.
Valid
Valid
Valid
Notice-1
39
Sarla Memorial Maternity
Home, Ward No. 9, R S
Pura Jammu
Valid
Under Process
Not Valid
Applied for CTO-R
40
Medicare Nursing Home, 39 B/C Gandhi Nagar Jammu
.
Valid
Under Process
Not Valid
Applied for CTO-F. Not
applied for A/R, Notice- 1, Final
Notice
41
St. Joseph's Health Centre, Akhnoor
Valid
Under Process
Valid
Applied for CTO-F and case returned for initiating
levying of EC.
42
New Navyug Nursing Home,63 Rehari Chungi Jammu
Not Valid
Closure
Closure
Closure Order dt.03/12/201 6, but not implemented despite letter to DC
dt. 11/07/2019,
21/06/22.
43
CLDD Pvt. Ltd., Near JK Medicity, Narwal Bye Pass, Channi Himmat,
Jammu.
Valid
Valid Notice-1
Under process
Applied for A/R, Notice -I
Key : Authorization-A, Consent to Establish - CTE Consent to Operate — CTO Fresh —F Renewal - R
iv) That, All HCFs are having valid registration certificates issued by Health Department except for M/s New Navyug Nursing Home mentioned at S.No. 42. Out of 42 HCFs, 18 HCFs have valid consents, 19 cases are under process for grant of Consent with J&K Pollution Control Committee, 2 cases have been processed for closure/levying of Environmental Compensation (EC), 1 HCF has been ordered closure order and 2 HCFs have been issued legal notices on account of deficiencies in their applications. As far as status of authorization cases is concerned 26 HCFs have valid authorization and 9 cases are under process with the J&K Pollution Control Committee, 2 cases are under process with the J&K PCC for closure of the HCFs and levying of environmental compensation, 01 HCF has been issued closure order and 4 HCFs have been issued legal notices on account of deficiencies w.r.t documents etc. Copies of Consent orders, Authorizations and legal notices are attached as Annexure `C'. All the HCFs referred in the list have valid MoU with Common Bio Medical Waste Treatment Facility namely M/s Anmol Health Care, Rakh Rara, Samba and 41 HCFs have implemented the Bar Code as same have been allocated by J&K PCC. Only one HCF namely M/s New Navyug Nursing Home at S.No. 42 has not implemented the Bar Code.
v) That, the office of the Regional Director, J&KPCC Jammu has issued final/2"d notices to 03 HCFs with directions to apply and obtain mandatory authorization viz-a-viz rectification of deficiencies noticed earlier and during the course of inspections. Copies of the said notices are attached as Annexure `D'.
vi) That, the Joint Committee also co-opted some officers of J&K PCC to assist and verify the factual position about the collection, handling, disposal and management under Bio Medical Waste Management and Rules, 2016 by the HCFs & accordingly 10 HCFs were inspected at random and inspection reports are attached along with photographs as Annexure-`E'.”
None has appeared on behalf of the applicant to dispute the correctness of the observations made in the report.
In view of the observations in the report of the Joint Committee, no further intervention by this Tribunal in exercise of its jurisdiction under the provisions of the National Green Tribunal Act, 2010 is required and the application is disposed of accordingly.
However, we are of the considered view that there is an urgent need of evolving proper monitoring mechanism by the State PCB for periodically ascertaining compliance status of the Bio-medical Waste Management Rules 2016 and taking appropriate remedial action to plug in the gaps and resolve the bottlenecks so that strict compliance therewith is ensured and State PCB is accordingly directed to take requisite steps in this regard. A copy of this order be sent to the State PCB for requisite compliance.