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Judgment
This execution application (49/2023) has been filed by the applicant seeking execution of the orders dated 12.03.2019 and 18.01.2021 passed in original application no.710/2017.
In original application no. 710/2017, applicant had raised the issue of non-compliance of the provisions of Bio-Medical Waste Management Rules, 2016 in the State of UP.
Tribunal in the order dated 12.03.2019 had noted that problem of non-compliance of BMW, Rules may not be confined to the State of UP alone or to the States of Punjab, Haryana and Uttarakhand but such failure is widespread throughout. Accordingly, Tribunal on 12.03.2019 had directed as under:-
“15. In view of the above, we direct all the States and Union Territories to ensure that reports in terms of Rule 13 are furnished to the CPCB positively within one month or on or before 30th April, 2019 for the period the reports are due as per rules. The CPCB may furnish a status report of compliance of BMW Rules after proper analysis to this Tribunal within one month thereafter by e-mail at [email protected]. It is made clear that any failure in this regard will result in the defaulting States being required to pay compensation to be deposited with the CPCB at the rate of Rupees one Crore per month after 01.05.2019. All the States may also prepare their respective action plans for compliance of Rules within one month and furnish the same to the CPCB. The CPCB may give its comments on the action plan to this Tribunal within one month thereafter by e-mail at [email protected].”
By the above order, Tribunal had also found that compliance of BMW rules was not satisfactory by the States, hence, Chief Secretaries were directed to monitor such compliance personally once in a month and furnish a quarterly report to the Tribunal. CPCB was required to undertake study and prepare a scale of compensation to be recovered from violators of BMW Rules within one month from the date of the order. The State of UP was also required to modify its action plan in the light of the observations made by the Tribunal and furnish its report to the CPCB within one month.
Original application along with connected original applications were again taken up on 18.01.2021 when the Tribunal had disposed of the original application noting that there were huge gaps in compliance of authorization regime and that there was need to review adequacy of facilities and their siting and that such facilities must obtain requisite Environmental Clearance (EC) and recycling of waste should only be through authorized recyclers. CPCB was directed to ensure strict compliance of the rules, compensation regime is duly applied against the defaulters, following due process and standards of handling of BMW are duly complied. In respect of the parties to the original application, it was observed that PCB may look into the compliance status and give a report to the Oversight Committee.
Above directions issued by the Tribunal were general in nature, applicable to all the States and in terms of the direction contained in paragraph 15 of the order dated 12.03.2019, all the States and Union Territories were directed to ensure that report in terms of Rule 13 are furnished to the CPCB positively within one month or on or before 30.04.2019 and CPCB was to furnish status report of compliance of BMW Rules after proper analysis to this Tribunal within one month thereafter. A consequence of payment of compensation on failure to submit the report was also mentioned in paragraph 15 of the order.
CPCB has filed reply in this execution application dated 23.02.2024 stating that CPCB has complied with all the directions passed by NGT and that CPCB has identified 12 key performance indicators to assess bio-medical waste management scenario in the States/UTs and those 12 key performance indicators are disclosed in the reply. It has further been stated by CPCB that with reference to the key performance indicators, gaps were communicated to the respective States/UTs to ensure compliance and accordingly, State Pollution Control Boards (SPCBs)/Pollution Control Committees (PCCs) had submitted their annual report information for the year 2017 to CPCB before 30.04.2019 and CPCB had filed the report before NGT on 14.05.2019. Details of compliance as disclosed by CPCB in the reply to the execution application is as under:-
“2. That it is humbly submitted by this Answering Respondent No.9, that the Original Application No. 710 of 2017 was related to non-compliance to Bio-medical Waste Management Rules, 2016 (hereinafter referred as BMWM Rules, 2016) by States/UTs. In this regard, it is humbly submitted that this answering Respondent that is Central Pollution Control Board has complied with all the directions passed by Hon'ble National Green Tribunal. In the said matter, as per directions of Hon'ble NGT, the CPCB has identified following 12 key performance indicator to assess biomedical waste management scenario in States/UTs;
i. Inventory of all Healthcare Facilities and biomedical waste generation;
ii. Authorization to all Healthcare Facilities including non-bedded HCFs.
iii. Facilitate setting-up adequate number of Common Biomedical Waste Treatment Facilities to cover entire State or all HCFs;
iv. Constitution of State Advisory Monitoring Committee and District Level Monitoring Committee;
v. Implementation status of Barcode system;
vi. Monitoring of Healthcare Facilities other than hospitals/clinics such as Veterinary Hospitals, Animal Houses, AYUSH Hospitals etc.;
vii. Monitoring infrastructure of State Pollution Control Boards/Pollution Control Committee (hereafter will be referred as SPCBs/PCCs);
viii. Training and Capacity Building of officials of SPCBs/PCCs and Healthcare Facilities;
ix. Installation of OCEMS by Common Biomedical Waste Treatment Facilities as a self-monitoring tool and transmission of data with servers of SPCBs/ CPCB;
x. Preparation of Annual Compliance Status Reports;
xi. Compliance by Common Facilities (emission/discharge standards, barcoding, proper operation, etc.);
xii. Compliance by Healthcare Facilities (Segregation, pretreatment, on-site storage, barcoding and other provisions etc.)
That with reference to aforesaid Key Performance Indicators and as per directions of Hon'ble NGT, the States/UTs submitted its reports to CPCB for the period 2019 to 2020. The reports were further compiled by CPCB, the gaps were communicated to respective States/UTs to ensure compliance with respect to gaps and submitted the latest updated compliance reports to Hon'ble NGT from time to time vide reports dated 14-05-2019, 10-07-2019, 15-11-2019 and 14-01-2021.
That with reference to issue raised in present execution application regarding submission of Annual Report of information submitted by States/UTs in Compliance of BMWM Rules, 2016 and aforesaid order dated 12-03-2019 of Hon'ble NGT, it is humbly submitted that all State Pollution Control Board's and Pollution Control Committee's had submitted Annual Report information for year 2017 to CPCB before 30-04-2019. Subsequently, CPCB had filed report before Hon'ble NGT on 14-05-2019 indicating status of compliance to BMWM Rules, 2016 by State and UTs along with action plan on compliance to BMWM Rules, 2016. The said report filed by CPCB was considered by Hon'ble NGT at Para No. 6 of order dated 15-07-2019 passed in OA No. 710/2017. Copy of order dated 15-07-2019 is annexed herewith as ANNEXURE-I.
That the matter was further heard on 22-01-2020 and 20-07-2020. Accordingly, in compliance of directions of Hon'ble NGT, CPCB has filed Status reports on 14-012021 before Hon'ble NGT indicating state-wise status of compliance of BMWM Rules, 2016.
Subsequently, the matter of OA No. 710 of 2017 with connected OA No. 711 of 2017, OA No. 712 of 2017 & OA No. 713 of 2017 filed by Shailesh Singh was disposed of by Hon'ble NGT on 18.01.2021 directing to ensure compliance to Biomedical Waste Management Rules, 2016 by every State Pollution Control Board and Pollution Control Committee.
That further in compliance to orders of Hon'ble NGT passed in the matter, CPCB vide letter dated 01-12-2021 directed all the SPCBs and PCCs to review and ensure effective compliance to BMWM Rules, 2016 in their respective States / Union Territory. In this regard, CPCB also convened a meeting with State Boards on 03.12.2021 to discuss the order of Hon'ble NGT and its compliance. Copy of letter dated 01-12-2021 is annexed herewith as Annexure-II.
That in view of above, it is humbly submitted that this answering Respondent has complied with all the directions passed by Hon'ble NGT and has also submitted reports on the status of compliance to the BMWM Rules, 2016 in every State and Union Territory through consolidated reports filed in above matter. The said reports also contained the way forward in having better implementation of BMWM Rules, 2016.”
The above reply clearly reveals that general directions issued by the Tribunal in the orders under consideration have been complied with.
Grievance of the applicant appears to be as against some individual violators and even full details and particular of such violations have not been disclosed. In the orders dated 12.03.2019 and 18.01.2021 there were no direction against any particular individual violator. Hence, no case is made out to pass any order in this execution application which is accordingly disposed of, however, with liberty to the applicant to approach the Tribunal with appropriate fresh application, in case, if he is aggrieved with violation by any individual violator by giving full particulars of the violation.