The National Green Tribunal (NGT) has directed the Central Pollution Control Board (CPCB) and Uttar Pradesh Pollution Control Board (UPPCB) to verify compliance of its inspection report by the Respondent, M/s Ferro Build Hards (I) Pvt. Ltd., w.r.t. air pollution caused by it due to sub-standard incinerator of bio-medical waste.
An application was filed under Section 14 of the National Green Tribunal Act by the Applicant, alleging that the Respondent was discharging medical waste into river or disposing of the same by burning it, in violation of the conditions of authorization under the provisions of Bio-Medical Waste Management Rules, 2016.
The NGT took up the matter and appointed a joint Committee comprising of CPCB and UPPCB to furnish a factual and action taken report.
The joint committee conducted a site inspection and reported that while the Respondent met with treated effluent discharge norms, it was not found in compliance w.r.t. air emissions. Certain shortcomings w.r.t. to storing of unsegregated bio-medical waste, non-operation of autoclave, shredder not being in operation and emissions from incinerator not meeting the stipulated norms of air quality were also found.
However, the committee's report stated that some of the deficiencies were rectified by the Respondent and it was required to deposit a sum of Rs. 8.30 lakhs towards environmental compensation. Certain additional compliances were also recommended in the said report.
Taking into account the committee's report and the Respondent's affidavit of compliance, the bench comprised by Justice Adarsh Kumar Goel, Chairperson, Justice S.P. Wangdi, Judicial Member, Justice K. Ramakrishnan, Judicial Member and Dr. Nagin Nanda, Expert Member directed the committee to verify the Respondent's claims and to take appropriate actions against it if any deficiencies were found.
"…we direct the same joint Committee which conducted inspection earlier to verify the claim of the project proponent and if there are still deficiencies, further appropriate action may be taken in accordance with law. The Committee may conduct inspection within one month", the court said.
The Applicant was represented by Advocate Mona K. Rajvansh and the Respondent by Advocates Rajesh Gupta and Harpreet Singh.