Sushil Raghav & Ors Vs Union of India & Ors

1.

Grievance in this application is against non-compliance of statutory norms by private hospitals at Ghaziabad, Uttar Pradesh - Respondents Nos. 8 to 21 - Meenakshi Hospital, Yashoda Superspeciality Hospital, Max Hospital, Le Crest Hospital, Santosh Medical College, Aarogya Hospital, Aditi Hospital, Paras Hospital, Clearmedi Hospital and Cancer Centre, Vasundhara Hospital, Shanti Gopal Hospital, Yashoda Hospital.

2.

According to the applicant, the said hospitals are discharging untreated effluents into the drains meeting Hindon River which then meets River Yamuna which finally meets River Ganga. They are not having requisite consent to establish and consent to operate and are also extracting groundwater without requisite permission. They are non-compliant with the Bio-medical Waste Rules, 2016. The statutory authorities – UP State PCB and District Magistrate, Ghaziabad have failed to perform their statutory obligation of taking action against such noncompliance.

3.

Vide order dated 16.12.2021, the Tribunal sought a factual report from joint Committee of CPCB, UP State PCB and District Magistrate, Ghaziabad. The joint Committee was to undertake visit to the site, interact with the stakeholders and take remedial action after ascertaining performance of the common bio-medical waste treatment facilities in the area.

4.

The matter was last considered on 5.7.2022 in the light of report of the joint Committee dated 01.07.2022 giving the compliance status of the 14 bio-medical facilities as follows:-

Sr.

No.

Name of Hospital

No. of Beds

CTO

BMW

Authorizat ion

Status of ETP/STP

Sample Analysis

Observation during visit

1.

M/s. Meenakshi Hospital, 13-

12,

Anand Vihar, Kaushambi, Ghaziabad

30

31.07.2023

ETP

Installed

HCF is complying with general standards stipulated in Schedule II

Of BMWM

Rules,2016 for discharge

into public sewers

a. HCF should implement bar code system as per BMW Rules, 2016

b. Proper logbook with regards to operation of ETP should be

maintained

2.

M/s. Yashoda Super Specialty Hospital, Kaushambi, Ghaziabad

300

31.12.2023

STP/ETP

Installed

HCF is

complying with general standards stipulated in Schedule II

Of BMW

Rules,2016 for discharge

into public sewers

Overall compliance with regards to BMW Rules and other environmental norms was found to be satisfactory.

3.

M/s. Max Hospital, W- 3, Near

Radisson Blu Hotel, Sector-1, Vaishali, Ghaziabad

436

31.12.2023

STP/ETP

Installed

HCF is complying

with general standards stipulated in Schedule II of BMW Rules,2016 for discharge

into public sewers

Overall compliance with regards to BMW Rules and other environmental norms was found to be satisfactory.

4.

M/s. Flores Hospital, G- 350,

Pratap Vihar Road, G- Block Sector- 11,

Pratap Vihar, Ghaziabad

100

31.07.2021

25.10.2022

ETP

Installed

HCF is complying

with general standards stipulated in Schedule II

Of BMWM

Rules,2016 for discharge

into public sewers

a. HCF should ensure timely Disposal of BMW waste through CBWTF as per BMW Rules, 2016.

b. HCF should bar code system as per BMW Rules, 2016.

5.

M/s. Atlanta Hospital, Plot No-NH-01,

Sector-14, Vasundhara, Ghaziabad

100

No

HCF is complying

with general standards stipulated in Schedule II

Of BMWM

Rules, 2016 for discharge

into public sewers

a. During

inspection, ETP was Found not operational.

b. HCF should implement Bar code System as Per BMW Rules, 2016.

c. BMW Should be segregated properly and training of staff handling BMW waste is

required.

d. HCF have no dedicated common storage room for temporary storage of BMW within premises.

e. Height of stack attached with DG is not as per norms.

f. HCF has no Valid CTO and BMW Authorization from UPPCB.

g. The hospital not provided appropriate pretreatment facility for laboratory generated liquid chemical waste.

h. Records was not maintained properly and

training of staff handling BMW waste is

required.

6.

M/s. Le Crest Hospital, Plot No-INS-13,

Budh Chowk, Sector- 4,Vasundhar a,Ghaziabad

100

31.07.2023

STP/ETP

Installed

HCF is complying

with general standards stipulated in Schedule II

Of BMWM

Rules, 2016 for discharge

into public sewers

a. HCF should implement Bar code System as Per BMW Rules, 2016

b. During

inspection, chemical dosing system in ETP was not operational.

c. BMW should be segregated properly and training of staff handling BMW waste is

required.

7.

M/s. Santosh Medical College, 170, Sector-

12,

Block-J, Pratap Vihar,

Ghaziabad

150

Dent al Chai r

No

ETP

found under construc tion

Sample could not be

collected as there was no discharge

a. Unit has not obtained Valid CTO/ BMW authorization from Board

b. Bar Code facility not being used.

8.

M/s.

Aarogya Hospital, NH-01,

Sector-6, Vaishali, Ghaziabad

100

31.12.2020

31.07.2023

ETP

installed

HCF is complying

with general standards stipulated in Schedule II of BMWM Rules, 2016 for

discharge

Into public sewers

Bar Code facility not being used.

9.

M/s.

Aditi Hospital,

Plot

No-117,

Kaling Marg, Sector-4,

Vaishali, Ghaziabad

-

Closed

-

10

M/s.

Paras Hospital,

Plot

No-130,

Kaling Marg, Sector-4, Vaishali,

Ghaziabad

50

31.07.2023

STP/ETP

Installed

HCF is

complying with general standards stipulated in Schedule II of BMWM Rules, 2016 for

discharge

into public sewers HCF

Bar Code facility not being used.

11

M/s. Clearmedi Hospital

and Cancer

Centre, HC- 1; Sector-15, Vasundhara,

Ghaziabad

100

31.07.2023

STP/ETP

Installed

HCF is

complying with

general standards stipulated in Schedule II of BMWM Rules, 2016 for

discharge

Into public sewers

Bar Code facility not being used.

12

M/s. Vasundhara Hospital, 5, NH-

1, Dr. Br

Ambedkar Road; Near Ata I Chowk, Sector-15,

Vasundhara, Ghaziabad

50

31.07.2023

ETP

installed

HCF is

complying with general standards stipulated in Schedule 11 of BMWM Rules, 2016 for

discharge

into public sewers

a. HCF should implement bar code system for BMW.

b. No record is provided by HCF regarding generation and disposal of BMW.

c. There was-no provision given for appropriate category wise- storage room. Small area below the floor is treated as storage area.

d. The hospital not provided appropriate pre-treatment facility for laboratory generated liquid chemical waste.

13

M/s. Shanti Gopal Hospital, Plot NO-NH-01,

Ahinsa Jhand-02, Indirapuram Ghaziabad

100

31.07.2022

31.10.2022

STP

installed

HCF is

complying with general standards stipulated in Schedule II of BMWM Rules, 2016 for discharge into public sewers

a. HCF should implement bar code system as per BMW Rules,

2016.

b. HCF have no dedicated common storage room for

temporary storage of BMW Within premises.

14

M/s. Yashoda. Hospital, 3rd, Nehru Nagar Stadium Nehru Nagar, Ghaziabad

310

31.12.2022

ETP cum STP

Installed

HCF is

complying with general standards stipulated in Schedule 11 of BMWM Rules, 2016 for discharge into public sewers

a. HCF should ensure bar code system as per BMW Rules,

2016.

b. BMW should be segregated properly and training of staff handling BMW waste is required.

5.

The Tribunal observed:

“xxx ……………………………….xxx…………………………..xxx

6.

From the above, it is seen that the four facilities - M/s. Atlanta Hospital, M/s. Yashoda Hospital, M/s. Le Crest Hospital and M/s. Santosh Medical College are non-compliant with regard to collection of waste or with regard to statutory permission. Though it is stated that environmental compensation has been recommended, the compliance of norms needs to be ensured, apart from recovery of compensation for past violations.

7.

Let the State PCB take further remedial action and file compliance report. It may also put the said Facilities to notice of these proceedings, to enable them to file compliance affidavits and to show-cause why action be not taken against them for the past violations.”

6.

In pursuance of above, further report dated 3.12.2022 has been filed on behalf of the joint Committee by the State PCB. It is stated that notice was issued to the non-compliant units and further inspection was carried out on 31.8.2022. In view of deficiencies found, additional environmental compensation of Rs. 3,93,750/- and initiation of prosecution under the provisions of Environment (Protection) Act, 1986 has been recommended against M/s Le Crest Hospital. Thereafter, M/s Le Crest Hospital has made necessary compliance and submitted its report to Board, same has been verified on 5.11.2022.

7.

With regards to recovery of environmental compensation, it is submitted that M/s Yashoda Hospital has deposited Rs 2,75,000/- against imposed environmental compensation of Rs 2,75,000/-, M/s Atlanta Hospital have deposited Rs 4,65,000/- against imposed environmental compensation of Rs 4,65,000/-, M/s Santosh Medical College has deposited Rs 26,98,750/- against imposed environmental compensation of Rs 53,97,500/- and M/s Le Crest Hospital has deposited Rs 1,95,000/- against imposed environmental compensation of Rs 1,95,000/- In case of M/s Le Crest Hospital, additional environmental compensation of Rs 3,93,750/- has been recommended and same shall be levied within stipulated time

8.

As against above, M/s. Santosh Medical College (the PP) has filed IA No. 272/2022 on 24.9.2022, followed by affidavit filed on 7.10.2022 contesting the action taken against it. No other PP has contested the matter. We take the report as final qua them.

9.

According to the PP, environmental compensation against it is not called for, as no industrial waste is being discharged which may require ETP. Waste effluent is connected to STP on the pattern of other units. Compensation amount is not proportionate to the compensation levied on bigger hospitals operating with 100 - 300 beds. It has already paid amount of Rs. 26,98,750/- which may be refunded. In the affidavit filed, it is stated that the unit has only 150 dental chairs and patients are treated only through OPD. Still, as abandoned caution, ETP has been installed. The unit is complying with other norms.

10.

We have considered the report of the joint Committee and also heard learned counsel for appearing parties.

11.

Though learned counsel for the applicant submits that coercive measure be taken against non compliances found, in view of the action already taken, no further order is called for in the application. On the prayer of M/s. Santosh Medical College against compensation, we find merit in the contention against the quantum of compensation. It is not proportionate to the compensation levied in other cases and the violations noticed.

12.

Accordingly, having regard to the facts and circumstances of the case, we reduce the compensation to Rs. 2.5 lakh for the violations found. The amount recovered in excess of the said amount from M/s. Santosh Medical College be refunded within one month. The remaining compensation may be utilized for upgrading/improving the status of bio-medical waste management facilities in the area, in accordance with the District Environment Plan of the district. The State PCB and other statutory authorities may maintain constant vigilance for compliance of environmental norms by the hospitals and other healthcare facilities for compliance of Bio-Medical Waste Management Rules, 2016.

The application is disposed of.

I.A. No. 272/2022 will also stand disposed of.

Sushil Raghav & Ors vs Union of India & Ors

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Judgment