P.K.NAYYAR Vs. UOI

JUDGEMENT

(1.) The waste generated by Hospitals, Nursing Homes, pathological labs etc., termed as Bio-medical Waste, is required to be disposed of in terms of the Rules framed by Government of India, in exercise of the powers conferred upon it by Sections 5, 8 & 25 of the Environment Protection Act, 1996, known as Bio-medical Waste(Management and Handling) Rules, 1998. Central Pollution Control Board, in the year 2003 issued guidelines for Common Bio-medical Waste Treatment Facility(CBWTF). The Government of NCT of Delhi established a Common Bio-medical Waste Treatment Facility at Okhla, in collaboration with respondent No.7 M/s. Synergy Waste Management Pvt. Ltd. (hereinafter referred to as "M/s Synergy"), on the land allotted to it by Delhi Development Authority and an Agreement dated 19 th May, 2005 in this regard was signed between respondent No.5 and the Government of NCT of Delhi. The facility was set up after obtaining consent from Delhi Pollution Control Committee on 9.6.2006. The said facility is meant for treatment and disposal of bio-medical waste collected from different Hospitals and Health Care Establishments and also has an Effluent Treatment Plant (Physico Chemical Treatment) for the treatment of waste water generated from the facility. The said facility is situated at a distance of about 30 meters away from a residential colony called Sukhdev Vihar. The said facility collects, transport and treats Bio-medical Waste of 28 Delhi Government dispensaries and 29 Delhi Government Hospitals, free of costs, but charges tipping fees for collecting and treating the waste of 1500 clinics, nursing homes, dispensaries and hospitals.

(2.) The residents of Sukhdev Vihar made representations against operation of the said facility, expressing serious concern with respect to adverse effect on their health due to operation of the said facility. A Committee was then constituted by Government of NCT of Delhi to (i) examine the Complaints received from the residents of Sukhdev Vihar against the said facility, (ii) suggests remedial measures in case the site was found appropriate, (iii) give justification, if any, for shifting the site keeping the CPCB guidelines in view and (iv) assessment and suggests criteria for selecting a new site so that similar situations do not occur. The Committee vide its report dated 15 th January, 2008, inter alia, reported that (a) Health concerns of the nearby population could not be ruled out. (b) It may not be possible to shut down the incinerator without causing serious disruption of BMW Management of the city.

(3.) Vide letter dated 20.2.2008, the Government of NCT of Delhi requested DDA to allot an alternative land of one acre for shifting this plant elsewhere in Delhi, away from residential and sensitive areas. However, since the said facility was not closed, this writ petition was filed by the residents of Sukhdev Vihar and adjoining area, seeking closure of the said facility primarily on the ground that being very close to densely populated residential colonies, it was creating poisonous and hazardous environment for the residents of those colonies, thereby adversely affecting their health and degrading environment for all times to come.