MAITHRI Vs. DISTRICT MEDICAL OFFICER

JUDGEMENT

(1.) The complaint of the petitioner, a non Governmental organisation, is regarding indiscriminate dumping of bio - medical wastes in the property of respondents 5 to 7. According to the petitioner, about 40 tonnes of bio -medical wastes that includes used gloves, glucose, blood and urine bags, body parts etc., are lying in the properties of respondents 5 to 7. They were dumped in the property of respondents 5 to 7 on 27.8.2012 obviously on the strength of permission granted by the said respondents, the petitioner alleges. The petitioner points out that in terms of the Bio -medical Waste (Management and Handling) Rules, 1998, an authorisation is mandatory for the collection and disposal of bio -medical waste. Respondents 5 to 7 are not the authorised persons under the Rules and are therefore, not entitled to handle such wastes. According to the petitioner, a crime has been registered and the investigation is under way. However, no positive action has been taken either to remove the bio -medical wastes or to dispose of the same safely and hygienically. Therefore, the petitioner seeks the issue of appropriate directions for effective disposal of the wastes so as to ensure the maintenance of public health and hygiene.

(2.) Adv.M.Ajay appears for the Kerala State Pollution Control Board. It is stated by the Pollution Control Board that an inspection was conducted by the Environmental Engineer, who has found that the complaint of the petitioner is justified. Large quantities of wastes that comprise not only of the bio -medical wastes but also other solid wastes brought from outside has come to the properties of respondents 5 to 7, it is submitted. The Pollution Control Board also submits that the water of a well of the petitioner that is located at the dumping site is likely to be contaminated. The open water sources located close to the property are also likely to be contaminated, it is submitted. It is further submitted that as per a communication dated 31.10.2012, the Secretary of the Panchayat has been requested to take effective action in the matter for removal of the wastes.

(3.) A counter -affidavit has been filed by the fourth respondent. According to the Panchayat, the Pollution Control Board has issued Ext.R4(a) communication requesting that effective action be taken to remove the waste materials. Accordingly, Ext.R4(b) notice has been issued to the sixth respondent directing the said person to transport the waste materials to a private establishment for the purpose of disposal thereof.