CWP No. 16494 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 16494 of 2007 Date of decision:- 20.04.2011 Ominder Singh Oberoi, son of Sewak Singh Oberoi, r/o H. No. 206, Sector 16-A, Chandigarh and others. ...... Petitioners Vs The Union Territory Chandigarh and others. ......Respondents CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT Present: Mr. Deepak Sabharwal, Advocate, for the petitioners. Mr. Sanjay Kaushal, Senior Standing Counsel, for the Union Territory, Chandigarh. Mr. Gurinderjit Singh, Additional Solicitor General, for U.T., Chandigarh i.e. respondent No. 7. Mr. Arun Palli, Senior Advocate, with Mr. Tarun Vir S. Lehal, Advocate, for respondent No. 8. Mr. A.R. Takkar, Advocate, for respondent No. 9. Mr. O.S. Batalvi, Advocate, for the Union of India. * * * * RANJAN GOGOI, C.J. (ORAL) This PIL filed in the year 2007 had sought the Court's interference in the matter of operation of the incinerator in the General Multi Specialty Hospital, Sector 16, Chandigarh. The petitioner has CWP No. 16494 of 2007 2 also highlighted the issue with regard to discharge of effluents in the said hospital as well as the construction of a multi-storeyed OPD Block which, according to the petitioner, is in close proximity to some of the residential houses in Sector 16, Chandigarh. During the pendency of the writ petition, the multi-storeyed OPD Block has come into existence and is presently functioning. During the aforesaid period more viable and effective measures to control the discharge of effluents by the hospital have also been taken. The aforesaid two issues highlighted in the writ petition, therefore, will not call for any further orders of the Court. In so far as the incinerator is concerned, the aforesaid issue had engaged the attention of the Court from time to time as would be evident from the several orders passed by the Court. The position, as on date, in so far as the incinerator is concerned is that the U.T. Administration has started the process of installing a state of the art incinerator at Dadu Majra which will cater to all the hospitals in the City of Chandigarh. In fact, the award of the contract for setting up the aforesaid incinerator had been awarded to one M/s Alliance Envirocare Company Private Limited at a cost of Rs. 6.5 crores approximately. In fact, very recently, the work order has been issued. It has already been recorded that the various stages of installation of the incinerator at Dadu Majra will take about a year and after the said incinerator is made operational the bio-medical waste of all the hospitals of Chandigarh will be treated in the said incinerator. An affidavit to that effect has also been filed today in Court by the U.T. Administration. CWP No. 16494 of 2007 3 The above discussions would go to show that all the issues raised in the PIL have been dealt with and the highly contentious issue with regard to disposal of bio-medical waste is in the process of being attended to. As the work order for setting up the common incinerator has been granted and work is due to commence shortly and is likely to be completed within a period of one year, we are of the view that it will not be necessary to keep this PIL pending any longer. Rather, any aggrieved or conscious citizen may, if he is so advised and so inclined, approach the Court with regard to any issue that may arise with regard to the work of installation or the functioning of the new incinerator. By our previous order, we had desired to know the stand of the PGIMER, Chandigarh with regard to the incinerator now functioning in its premises after the new state of the art incinerator is installed. In response thereto, the PGIMER has informed the Court through an affidavit that it proposes to shut down the incinerator now functioning in its premises once the new incinerator is installed. Though, Mr. Kaushal, learned Senior Standing Counsel for the U.T. Administration has suggested that the PGIMER may maintain its existing incinerator in a working condition to deal with any unforeseen situation that may develop in future, we do not think it would be appropriate to pass any direction to the PGIMER in this regard. Rather, we are of the view that the entire matter i.e. with regard to the existing incinerator in the PGIMER should be left to the wisdom of the authorities who shall decide the feasibility or the necessity of maintenance of the same in working condition after the new CWP No. 16494 of 2007 4 incinerator becomes operational. We, accordingly, close the PIL in terms of the above observations and directions with the further direction that until the new incinerator at Dadu Majra is installed, the Chandigarh Pollution Control Committee will continue to monitor the disposal of bio- medical wastes in all the hospitals in the City of Chandigarh on periodical basis. PIL stands disposed of in the above terms. (RANJAN GOGOI) CHIEF JUSTICE (SURYA KANT) JUDGE 20.04.2011 Amodh