ABDUL MAJID AHANGAR Vs. STATE OF J&K

JUDGEMENT

(1.) Heard. Admit. The petition, on consensus of Learned Counsel for the parties, is taken up for final disposal at its threshold.

(2.) I have gone through the pleadings and have heard Learned Counsel for the parties.

(3.) The petitioner has set up a Common Bio-Medical Waste Treatment Facility (CBMWTF) under the name and style of M/s Kashmir Health Care System at Lassipora Pulwama. The petitioner thereafter in wake of order No. 86-HME of 2008 dated 24.7.2008, whereby the respondent No.1 and 2 decided to get the Bio-Medical Waste disposed off through private agencies, has been allotted contract for treatment of Bio-Medical waste, generated by Government hospitals at Srinagar. The respondent No.2 on behalf of the respondent No.1 entered into a formal Contract in this behalf with the petitioner on 10th July 2009. The respondent No. 3 earlier in the year 2006 granted consent in favour of the petitioner for setting up the Facility. The consent was renewed vide order No. 549 of 2009 dated 24.10.2009. Everything appears to have gone smooth for the petitioner, till Member Secretary State Pollution Control Board on 22nd July 2010 slapped a notice on the petitioner, requiring petitioner to make good the deficiencies claimed to have been found on inspection of the Facility and also to show cause why the consent order No. 549 of 2009 dated 24.10.2009 be not cancelled and petitioner's Common Bio-Medical Waste Treatment Facility, closed. The notice was replied by the petitioner on 3.8.2010. The petitioner insisted that his Common Bio Medical Waste Treatment Facility (CBMWTF) had all the equipment required under Bio-Medical Waste (Management Handling) Rules 1998 and that the Bio-Medical Waste brought to the Facility was disposed of in accordance with rules. The respondent No. 3, notwithstanding the reply, vide order No. 51 SPCB of 2010 dated 8.11.2010, in exercise of powers under Section 5 Environment Protection Act, 1986, ordered closure of the Facility and asked the Deputy Commissioner Pulwama to close down and seal the premises, the Director Health Services Kashmir to deregister the Unit and Chief Engineer PDD (Electric and Maintenance) to disconnect the electric supply to the Unit.