G J MULTICLAVE (INDIA) PVT LTD Vs. STATE OF TELANGANA REP , BY ITS SECRETARY, ENVIRONMENT, FOREST, SCIENCE & TECHNOLOGY DEPT, SECRETARIAT, HYDERABAD AND OTHERS

JUDGEMENT

(1.) W.P. No.19727 of 2016 is filed by G.J. Multiclave (India) Private Limited and W.P. No.19821 of 2016 is filed by Medicare Environmental Management Pvt. Ltd questioning the order dated 28.05.2016, passed by the Telangana State Pollution Control Board (hereinafter referred to as the "TSPCB"), as arbitrary, illegal, in violation of principles of natural justice, without jurisdiction and as contrary to the Bio Medical Waste Management Rules, 2016 (hereinafter referred to as the "2016 Rules") read with the Central Pollution Control Board Guidelines for Common Bio Medical Waste Management treatment facilities. A consequential direction is sought to direct the respondents to permit the petitioners to collect, transport, treat and safely dispose of Bio Medical Waste generated from HCE hospitals situated in Hyderabad and Ranga Reddy Districts as per the earlier consent order granted in their favour.

(2.) Facts, to the limited extent necessary, are that both the petitioners are companies which have established a Common Bio Medical Waste Management Facility (hereinafter called the "facility") in Hyderabad for bio-medical waste treatment. They were granted consent for establishment by the A.P. Pollution Control Board, pursuant to which they established the facility. Earlier, as the existing facilities were found insufficient, the services of M/s. G.J. Multiclave (India) Pvt. Ltd was extended to Kurnool, Mahaboobnagar and Nalgonda Districts. Both the petitioners were granted consent for operations by the TSPCB which later informed all the facilities operating in Hyderabad and Ranga Reddy Districts, by proceedings dated 28.05.2016, that they proposed to demarcate the operation areas, among the facilities in Hyderabad and Ranga Reddy Districts, based on the location of the Health Care Establishments; thereby particular operational areas were assigned to each of the existing facilities, and the other facilities were prohibited from operating in such areas. The petitioners claim that this proposal for demarcation of areas was sought to be implemented by the TSPCB without undertaking any study, and without calling for any expert report/recommendations; and the impugned proceedings were issued, at the behest of the Government of Telangana, only to favour the unofficial respondent i.e M/s. Sattva Global Services Pvt. Ltd.

(3.) Before examining the rival submissions put forth both against, and in support of, the impugned proceedings dated 28.05.2016, it is necessary to note, albeit in brief, the functions which the Bio Medical Waste Management Facilities discharge. Bio-Medical Waste is generated during diagnosis, treatment or immunisation of human beings or animals or research activities pertaining thereto. The purpose which Bio Medical Waste Management seeks to achieve is to provide safe and economically viable disposal of waste generated from medical diagnosis, treatment etc. The hospital waste, once generated, is required to be segregated, collected, transported, safely treated and disposed off without causing damage to human health and the environment. The Environmental Protection Act, 1986 (hereinafter called the "1986 Act") and the Environmental Protection Rules, 1986 (hereinafter called the "1986 Rules") provide the legal frame work for regulation of bio-medical waste. The Central Government also made the 2016 Rules for management of bio-medical waste which are required to be complied by all Health Care Establishments and bio-medical waste management facilities. These Rules prescribe the duties of health care establishments, and bio-waste management facilities, in the management, treatment and disposal of bio-medical waste.