PARVATI S. HOSAMANI, DOCTOR NAVAJEEVAN MATERNITY AND NURSING HOME Vs. THE KARNATAKA STATE POLLUTION CONTROL BOARD BY ITS REGIONAL OFFICER AND OTHERS

JUDGEMENT

(1.) THROUGH the instant writ petition, the Petitioner has assailed the order passed on 08.02.2011 by the Karnataka State Pollution Control Board, requiring the Petitioner to close down ail hospital activities. The Managing Director, as also, the employees of the HESCOM have been directed to disconnect the power supply to the Petitioner. This direction is also to be given effect to, forthwith.

(2.) THE issue which is the subject matter of consideration is, effective treatment of bio -medical waste, before the same could be released from the hospital, nursing home, clinic, dispensary, pathological laboratory, blood bank or the like. The term 'Bio -Medical Waste' has been defined in Rule 3(5) of the Bio -Medical Waste (Management and Handling) Rules, 1998 (for short the 1998 Rules). Rule 3(5) of the aforesaid Rules is being extracted here under: "Bio -Medical Waste"means any waste, which is generated during the diagnosis, treatment or immunisation of human beings or animals or in research activities pertaining thereto or In the production or testing of biologicals and including categories mentioned in Schedule I.

(3.) DUTY of occupier.It shall be the duty of every occupier of an institution generating bio -medical waste which includes a hospital, nursing home, clinic, dispensary, veterinary institution, animal house, pathological laboratory, blood bank by whatever name called to take all steps to ensure that such waste is handled without any adverse effect to human health and the environment.