MEDWIN HOSPITALS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Cr. P.C. by the accused in C.C.No. 505 of 1996 on the file of the learned IVth Metropolitan Magistrate, Hyderabad. The petitioners pray to quash the said proceedings on the file of the learned Metropolitan Magistrate.

(2.) The second respondent herein A. P. Pollution Control Board filed complaint under Sec. 49 of Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Act') for prosecution under Sec. 43 and 44 for violation of Sec. 24, 25 and 26 of the said Act. In the complaint, it is inter alia stated that the Government of Andhra Pradesh prescribed standards or safe disposal of wastes generated by the hospital/health care establishments under the rules framed in A. P. Water (Prevention and Control of Pollution) Rules, 1976 (for short 'the said Rules'). Sub-clause (j) of Rule 2 of the said Rules define Health care establishments which mean and include all the Hospital, Nursing Homes, Diagnostic centers and Laboratories irrespective of size/Capacity bed strenghts. Rule 36 of the said Rules says all the Health Care establishments are required to follow the regulatory and promotional guidelines as mentioned in schedule V of the said Rules. Rule 37 mandates that all Health care establishments having bed strength of 25 or more shall have to take consent for establishment and operation which discharge the sewage or trade effluent into a stream or well or sewer or on land under Sec. 25 of the Act. Health Care wastes are classified into weight main categories i.e., general waste, pathological waste, radio active waste, chemical waste, infectious waste and potentially infectious waste, sharps, pharmaceutical waste and pressurised containers. The other details stated in the complaint are not required to be noticed for the present purpose. There are specific allegations in the complaint against the first petitioner-accused. It is alleged that as on today it is operating with 350 bed strength and carrying its business in the field of Cardiology, Nuclear Medicine, Blood Bank, Dialysis, (Nephrology), Gynaecology, Radiology, Gastroenterlogy, ENT, Neurology, Pediatric, Blood Bank, Out Patent Department etc. It is drawing water from Municipal Water Sources/Bore well for their use and generating 160 M to 180 M of Waste water. The water is being discharged into sewer line of Municipal drainage system without any treatment which causes ultimate water contamination in the river Musi.

(3.) In addition to the waste water, the Hospital is alleged to be generating 150 kgs.. per day of solid waste. There is no proper disposal system to discharge the solid waste especially infectious solid waste, the Amputed limbs, other operated materials and other infectious solid wastes generated from the Hospital are being disposed through MCH which ultimately dumping at open yard Autonagar, near Vanasthalipuram, Hyderabad which is located within the basin area of river Musi. The mode of disposal is hazardous to human health and Environment. It is an offence under Sec. 24 of the Act. The accused Hospital is not following the statutory guidelines as prescribed by the Act even after public notice Dt. 15-1-1996 and individual notices dt. 25-1-96 and 4-3-1996 and committing offences by commission as well as omission of the Act which are punishable under Sections 43 and 44 of the said Act.