NGT sets aside order granting authorization to Biomedical waste treatment unit in UP
Introduction:
Biomedical waste treatment UP: NGT overturns UP’s Biomedical Waste Treatment unit’s authorization order. A panel led by Justice Prakash Shrivastava took note of the petitioner’s attorney’s claim that the unit had not received the Consolidated Consent and Authorization (CCA) from the relevant Chief Environmental Officer (CEO) in question.
Due to environmental concerns, the National Green Tribunal (NGT) has revoked the “consent and authorisation” of a business operating a biological Waste Treatment plant in a village in the Agra region of Uttar Pradesh.
Biomedical waste treatment UP
Additionally, it criticized the actions of the state’s Chief Environmental Officer (CEO), who had given “unauthorized permission” to operate the unit by “exceeding his jurisdiction and breaking the law.” A petition challenging the consent granted to the unit in the district’s Samwai hamlet was being heard by the NGT.
According to the petition, the unit’s proximity to residences led to “unhygienic and unsanitary living conditions.” It claimed that the facility’s offensive odor and emissions were posing “health risks”.
In an order issued on October 5, the bench—which also included judges Justice Sudhir Agarwal and Justice Arun Kumar Tyagi, as well as expert member A Senthil Vel—stated that CEO Pradeep Sharma was the competent authority for the Agra district. Sharma had, in an order dated July 13 of this year, rejected the company’s application after pointing out that it did not comply with environmental standards.
Vivek Roy, incharge of Ghaziabad
Instead of submitting an appeal, corporation chose to submit new application within 14 days with a different CEO, Vivek Roy. He was incharge of Ghaziabad, Gautam Buddh Nagar (Noida), and Greater Noida, according to the bench. On July 27, 2023, it stated that Roy gave the authorization in three days. Nothing has mentioned to demonstrate how Circle’s Chief Environment Officer operates.
Bench stated that 1 (Roy) accepted the jurisdiction and decided the ensuing application of a district not within his circle. Uttar Pradesh Pollution Control Board’s (UPPCB) answer taken into consideration, bench declared Roy to have behaved “illegally” in issuing order granting consent.
The tribunal claimed Roy had violated the law by “exceeding” his authority and issuing the consent order. The NGT said he also neglected to inform in advance of his actions in retrieving the relevant file. The relevant file from UPPCB regional office’s site and approving the request.
Ministry of Environment
UPPCB’s response, stated Roy sent letter of explanation but board didn’t receive “satisfactory reply,” taken notice by the tribunal.
It made note of statement from the Ministry of Environment, Forests, and Climate Change highlighted many “illegalities” in the CCA. The Consolidated Consent to Operate and or Authorization dated July 27, 2023. According to the tribunal, “cannot sustain and hereby set aside.” The panel said, “The authorities should not hesitate in launching departmental action against respondent no. 6 (Roy).
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