Order of the National Green Tribunal regarding non - compliance of the provisions of Bio-medical Waste Management Rules 2016, 12/03/2019

  • 12/03/2019

Order of the National Green Tribunal in the matter of Shailesh Singh Vs Sheela Hospital & Trauma Centre, Shahjhanpur & Others dated 12/03/2019. The issue raised in these applications is non - compliance of the provisions of Bio-medical Waste Management Rules, 2016 (BMW Rules). The applicant has also annexed photographs of dumping of biomedical waste along with general solid waste at Sheela Hospital, Shahjahanpur, Dr. Wasim Hospital, Shahjahanpur and Govt. District Hospital, Shahjahanpur.

Brief History of the Case: 

  • Vide order dated 15.11.2017, the Tribunal prohibited handing over of bio-medical waste to rag pickers. The State PCB and other official agencies were required to file data showing the status of compliance of the BMW Rules.
  • On 06.02.2019, this Tribunal considered the data with respect to the State of UP and found that neither the data was complete nor the authorities of the State of UP were serious in handling the situation. The Tribunal gave one month time to give complete data and also required furnishing of Performance Guarantee in the sum of Rs. 10 crores. 

NGT Order: 

  • NGT observes that non-compliance of BMW Rules is not confined to the State of UP alone or to the States of Punjab, Haryana and Uttarakhand. Such failure is widespread throughout.
  • NGT observes that non-compliance of BMW Rules is not confined to the State of UP alone or to the States of Punjab, Haryana and Uttarakhand. Such failure is widespread throughout. NGT directs all the States and Union Territories to ensure that reports in terms of Rule 13 of the BMW Rules are furnished to the CPCB within one month. Further the CPCB would then furnish a status report of compliance of BMW Rules after proper analysis. Tribunal warned that any failure in this regard would result in the defaulting states to pay compensation 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 the Tribunal within one month.
  • CPCB may now also undertake study and prepare a scale of compensation to be recovered from violators of BMW Rules within one month from today. This will not debar the State PCBs from performing their duty of recovering compensation from the polluters or laying down their own scale which should not less than the scale fixed by CPCB.
  • The State of UP may modify its action plan in the light of above observations and furnish its report to the CPCB within one month. CPCB may furnish its comments on the revised action plan within one month. 

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