M/S RE SUSTAINABILITY HEALTHCARE SOLUTIONS LIMITED Vs. MEMBER SECRETARY TAMIL NADU POLLUTION CONTROL BOARD

JUDGEMENT

(1.) This writ petition is filed challenging the impugned order passed by the Tamil Nadu Pollution Control Board dtd. 3/2/2023.

(2.) The petitioner, being a company, claims to have established several facilities for biomedical waste management across the country. It is not in issue that the management of biomedical waste is governed by the Biomedical Waste (Management and Handling) Rules of 2016 framed under the Environment (Protection) Act. The petitioner is operating its Common Biomedical Waste Treatment Facility (CBMWTF) in S.F.No.10/1A, Thathangaiyur Village, Edappadi Taluk, Salem District. It is the case of petitioner that the facility is in operation for more than 18 years and the facility is governed by the rules and guidelines issued by the Central Pollution Control Board and the Tamil Nadu Pollution Control Board from time to time. The petitioner admits that there was an inspection conducted by the Joint Chief Environmental Engineer, Salem at the petitioner premises on 1/11/2022. Based on the report, which was forwarded to the Pollution Control Board, about certain non-compliances, the petitioner received the communication dtd. 3/2/2023, which is impugned in the writ petition. By the impugned communication, the first respondent imposed environmental compensation to the tune of Rs.91,29,750.00 as against the petitioner, apart from issuing several general directions relating to the maintenance of the facility.

(3.) The impugned communication is challenged mainly on the ground that a huge environmental compensation of Rs.91,29,750.00 is imposed without even an opportunity to the petitioner before assessment. Hence, the learned Senior Counsel appearing for the petitioner argued that the impugned order is liable to be quashed on the short ground of violation of the principles of natural justice.