Order of the National Green Tribunal regarding grant of EC to a common bio-medical waste treatment and disposal facility (CBWTF), village Kodarna, district Tehri Garhwal, Uttrakhand, 06/03/2023
Order of the National Green Tribunal in the matter of Medical Pollution Control Committee Vs State of Uttarakhand & Others dated 06/03/2023.
The appeal has been filed against grant of Environmental Clearance (EC) by SEIAA, Uttarakhand in favour of M/s Bharat Environment Solutions for proposed Common Bio Medical Waste Treatment Facility (CBMWTF) at khasra no. 923 to 1002, village Kodarna, tehsil Narendra Nagar, district Tehri Garhwal, Uttrakhand.
The EC is subject to laid down conditions applicable at pre-construction phase, construction phase, operation phase and for entire life of project. Further, duties/responsibilities of CBMWTF and Urban Local Bodies in the area have also been specified.
Case of the appellant is that the activity in question is ‘red’ category which is not permissible in Doon Valley in view of Doon Valley Notification, February 1, 1989.
The NGT stated that the Doon Valley Notification prohibited certain activities such as mining while several other activities were permitted subject to grant of EC. The said notification was amended on January 6, 2020, wherein common treatment and disposal facilities was removed from the red category of industries.
The amended notification stated that 'CETP, TSDF, CBMWTF, effluent conveyance project, incinerator, MSW sanitary land fill site' will be classified as red but special category projects as these are parts of pollution control facilities.
The NGT, March 6, 2023 said that "even if activities of the waste treatment are hazardous, since waste generation cannot be prevented, the treatment thereof is a compulsion". The NGT dismissed the appeal stating that there was nothing to show the adverse impact of the project.