MAITREE SANSAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner, which is a voluntary organization registered as a society having the aim and object to raise awareness amongst the people in regard to their rights, has come up with the present writ petition filed in the nature of Public Interest Litigation, inter alia, alleging that the three Medical Colleges and Hospitals run by the Government in the State as well as various Nurshing Homes situated in the city of Cuttack and elsewhere in the State by not following the provisions of law and not taking appropriate steps for due disposal of Biomedical Waste are causing Air and Water pollution inasmuch as the same is hazardous to the health of the local people as well as the patients and their attendants who are treated in the said Hospitals/Nurshing Homes.

(2.) THE Petitioner has alleged in the writ petition that the Biomedical Waste in the above mentioned Hospitals and Nurshing Homes are not being disposed of in accordance with the Biomedical Waste (Management and Handling) Rules, 1998 thereby causing air pollution which are of three types, i.e, Biological, Chemical and Radioactive. It is further alleged that such Biomedical Waste in the above Hospitals and Nurshing Homes are being mixed up with solid waste and not being done or treated by appropriate prescribed methods and, thus, posing/causing great threat to the environment, health and hygiene of the people.

(3.) A separate counter affidavit has been filed by the State Pollution Control Board wherein the letters addressed to the Superintendents of all the three Medical Colleges of the State have been annexed as Annexure -F series. By the said letters, the State Pollution Control Board gave last opportunity to the said hospitals to explain as to why the provisions of Biomedical Waste (Management and Handling) Rules, 1998 (for short, 'the Rules, 1998) have not been complied with and if such explanation is found to be unsatisfactory or such Management and Handling practice is found to be inadequate un -authorization for two subsequent years under the provisions of the said rules, will be refused.