HYGIENE BOIMED SERVICES Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard Sri S. V. S. S. Sivaram, learned counsel for the petitioner, Sri Meka Rahul Chowdary, learned counsel for the 5th respondent and Sri Y. Soma Raju, learned counsel for respondents No.2 to 4.

(2.) The present writ petition has been filed under Article 226 of the Constitution of India to adjudge and declare the recommendations of the 3rd respondent in its 263rd meeting dtd. 30/5/2025 vide its minutes dtd. 3/6/2025 to issue Standard Terms of Reference (ToR) to the 5th respondent for relocation of its Bio Medical Waste Treatment Facility from Dharmavarappadu Thanda, Jaggayapeta Mandal, NTR District (Unit One) to Industrial Development Area (IDA), Kondapalli, NTR District, as illegal, arbitrary, irrational without jurisdiction, contrary to the Bio Medical Waste Management Rules 2016 (in short 'Waste Management Rules 2016'), the Revised Guidelines for Common Bio-Medical Waste Treatment and Disposal Facilities 2025 (in short 'Revised Guidelines 2025') as also The Environment Protection Act, 1986, Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control Pollution Act) 1981, besides being violation of the principles of natural justice and Articles 14 and 19 (1) (g) of the Constitution of India.

(3.) The petitioner M/s. Hygiene Biomed Services, Vijayawada, a Proprietor concern intended to establish a Common Bio Medical Waste Treatment Facility (in short 'CBMWTF') and purchased an extent of land admeasuring Ac.2.00 in Sy.No.112-1, Loya village, G. Kondur Mandal, Krishna District, Andhra Pradesh for a sum of Rs.70,00,000.00 and obtained Environmental Clearance (EC) vide Proceedings in Order No.SEIAA/AP/KRI/IND/08/2017/384-421, dtd. 22/8/2020, valid for 7 years. The subsequent process of examining feasibility for establishment of the facility was kept under hold by citing pendency of Gap Analysis Report (GAR).