1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION No. 887/2007 (Shri Jayant Narhar Umbarkar Vs. The Secry, Ministry of Environment & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : D.D. SINHA & SMT. VASANTI A. NAIK, JJ. DATED : APRIL 24, 2008. Heard Mr. Wachasunder, the counsel for the petitioner, Mr. Sambre, the learned G.P. for respondent nos. 1, 4 and 5, and Mr. Sanyal for respondent no.3. In the instant petition, the petitioner is propagating a public cause in respect of pollution likely to be created while disposing of the bio-medical wastes by the respondent nos. 4 and 5. It is contended that while doing so, there is a likelihood of emission of highly toxic gases which will have adverse effect on the residents of the nearby locality of Akola. The Bio-medical Wastes Disposal Plant which is installed in the premises of 2 Government Medical College & Hospital, Akola, may create these problems and the same is also not as per the Bio-medical Wastes (Management and Handling) Rules, 1998, as well as the guidelines issued by the Central Pollution Control Board. Mr. Sanyal, the counsel appearing for the Pollution Control Board, has brought to our notice that the petitioner is creating confusion between common bio-medical wastes to be disposed of through common treatment facility and bio-medical wastes required to be disposed of by the hospitals by installing plants in the hospital which will only cater to the need of disposal of bio-medical wastes of the said hospital only. Mr. Sanyal, the learned counsel, stated that there is a common Bio-medical Wastes Plant located at Badnera where the bio-medical wastes of all the hospitals located within the radius of 150 k.ms. is emitted. However, the plant in question is installed in the premises of the Government Medical College and Hospital, Akola which shall cater to the need of disposal of bio-medical 3 wastes of this hospital only and, therefore, the guidelines which are relied upon by the petitioner, are applicable only to the common Bio-medical Wastes Plant and not to the individual Bio-medical Wastes Plant installed in the Government Medical College and Hospital, Akola. Mr. Sanyal further contended that the respondent nos. 4 and 5 shall not be permitted to operate the plant which is located in the premises of the hospital, unless a facility such as effluent treatment plant is constructed according to the guidelines and specification of the Pollution Control Board, applicable to such Bio-medical Wastes Disposal Plants. The respondent no.3- Maharashtra Pollution Control Board, has filed additional submissions and in para 6 of the same has stated thus: “6. From the visit report, it is clear that the Bio-Medical Waste Disposal Facility presently situated at the premises of the respondents 4 & 5 is not fulfilling the guidelines provided by the Central Pollution Control Board as well as provisions of Bio- Medical Waste (Management and Manual) Rules. The said guidelines are already filed 4 by the petitioner as Annexure-C. This respondent, therefore, cannot authorize the said facility in the premises of the respondents 4 & 5 to operate unless and until the guidelines are strictly followed. Since, even otherwise the respondents 4 & 5 have an option to send Bio-Medical Waste generated by them for treatment and disposal at the Common Bio-Medical Waste Treatment, Storage and Disposal Facility situated at Badnera, this Board has authorized the respondents 4 & 5 to send bio-medical waste generated by them to that facility.” In view of the above referred averments made in para 6 (cited supra), it is clear that till such time the respondent nos. 4 and 5 do not fulfill the guidelines provided by the Central Pollution Control Board as well as the provisions of Bio- medical Wastes (Management and Handling) Rules, 1998, the respondent nos. 4 and 5 are required to send bio- medical wastes generated by the hospital to the Common Bio-medical Wastes Treatment Facility Plant situated at Badnera. In the backdrop of the above referred facts, it is evident that unless the 5 respondent nos. 4 and 5 fulfill the requirement, they will not be permitted to operate the Plant which is installed in the hospital by the Pollution Control Board and till such time, the bio-medical wastes generated by the hospital will have to be sent to the Common Bio-medical Wastes Treatment Disposal Plant. In the circumstances, we are of the view that the public interest is taken care of and, therefore, we do not propose to keep the present public interest litigation pending in this Court. Same is, accordingly, disposed of. JUDGE JUDGE RMP