D. SWAMY Vs. KARNATAKA STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) This appeal, under Sec. 22 of the National Green Tribunal Act 2010, is against a final order dtd. 10/5/2017 passed by the National Green Tribunal, Southern Zone, Chennai, dismissing the Application No.169 of 2016 (SZ) filed by the Appellant under Sec. 18(1) read with Sec. 14 of the National Green Tribunal Act 2010, whereby the Appellant had prayed for a direction for closure of the Common Bio-Medical Waste Treatment Facility run by the Respondent No.3, on the ground of alleged non-compliance of the provisions of the Environmental Impact Assessment Notification 2006, hereinafter referred to as "the 2006 EIA Notification" as amended on 17/4/2015.

(2.) In the meanwhile, by a notification being S.O. 327 (E) dtd. 10/4/2001, published in the Gazette of India on 12/4/2001, the Central Government has delegated the powers vested in it under the Environment (Protection) Act, 1986 (EP Act) to the Chairpersons of the respective State Pollution Control Boards/Committees to issue directions to any industry or any local or other authority to prevent violation of the Rules.

(3.) On or about 25/2/2012, the Respondent No.3 applied to the Respondent No.1, Karnataka State Pollution Control Board (hereinafter referred to as "KSPCB") for consent to establish a Common Bio-Medical Waste Treatment Facility over the land bearing Survey No. 82 and 38/2 at Gujjegowdanapura village, Jayapura Hobli, Mysore Taluk and District.