The Allahabad High Court last week directed the Muzaffarnagar District Magistrate and Senior Superintendent of Police to ensure that a biomedical waste treatment facility in a village in Muzaffarnagar district operates without any obstruction from local residents or third parties.

A bench of Justice JJ Munir and Justice Vivek Saran passed the direction while hearing a writ petition filed by M/s Rudra Waste Management Pvt. Ltd. and another.

The petitioner contended that the villagers opposed the biomedical waste treatment facility. An inquiry report recorded that the villagers did not want the factory to operate due to pollution concerns and wanted it closed.

The Court, however, noted that the petitioner had invested substantial money in establishing the facility after obtaining clearances from the UP Pollution Control Board and the Ministry of Environment and Forest, Government of India.

The bench also cautioned that if factories established after obtaining necessary clearances from statutory authorities were prevented from functioning on the private opinion of local residents, it would not only ruin the investors but also set a bad example for the State.

"...not only would the petitioner be ruined, but a bad example would be set in the State of Uttar Pradesh that investments made after necessary clearance of authorities can be thwarted at the whim of local residents of the village. It would all go to make the State an investment unfriendly State", the Court observed.

During the hearing, the UP Pollution Control Board apprised the Court that the petitioner had obtained environmental clearance from the State Level Environment Impact Assessment Authority on June 28, 2024.

Thereafter, the Pollution Control Board issued a conditional No Objection Certificate for establishment of the facility on December 18, 2024.

The Board had also issued conditional consent under the Water and Air Pollution Control Acts on May 18, 2025, valid until December 31, 2029.

The bench was told that the Additional District Magistrate (Administration), Muzaffarnagar, chaired a public hearing at the designated industrial site in July 2021, in which residents of surrounding villages participated and made submissions.

However, after villagers complained to the DM that the facility had been established without considering their interests, the ADM directed the Sub-Divisional Magistrate, Sadar, to inquire into the matter.

This inquiry revealed that the villagers opposed the factory's operation due to pollution concerns and wanted it closed.

Taking these circumstances into account, the Court observed that establishing a factory involves huge investment and that allowing local residents to thwart operations despite necessary statutory clearances would adversely affect the State's investment climate.

Hence, while issuing notice on the petitioner's application for interim relief, the Court directed thus:

"Until further orders of this Court, it shall be the duty of the Senior Superintendent of Police, Muzaffarnagar, and the District Magistrate, Muzaffarnagar, to ensure that the petitioner runs his Biomedical Waste Treatment Facility known as M/s Rudra Post Management Private Limited, Khasra No. 539/3, Village Makhiyali, Tehsil and District Muzaffarnagar, without any let, hindrance or obstruction by respondent nos. 5 to 15 or any other resident of the village or any third party, in any manner whatsoever".

The Court further directed that the CJM, Muzaffarnagar, communicate the order to the District Magistrate and the Senior Superintendent of Police within 24 hours.

The matter has been listed for further orders on November 26.