At, National Green Tribunal Southern Zone Chennai
By, THE HONOURABLE MR. JUSTICE K. RAMAKRISHNAN
By, JUDICIAL MEMBER & THE HONOURABLE MR. JUSTICE SAIBAL DASGUPTA
By, EXPERT MEMBER
For the Appearing Parties: V.R. Thirunarayanan, C. Kasirajan, Meena, Sai Sathya Jith, Advocates.
1. The above case has been Suo Motu taken by this Tribunal in respect of non-compliance of the Bio-Medical Waste Management Rules and dumping of the same in Puzhal Lake on the basis of the news item published in the newspaper in the year 2017.2. As per order dated 20.01.2020, this Tribunal, after considering the pleadings and also other reports submitted, directed the Pollution Control Board to submit a report regarding the compliance of the Bio-Medical Waste Management Rules, 2016 and take action against those pharmaceutical companies who are not complying with the same and submit a report to this Tribunal.3. Thereafter, the matter was adjourned from time to time and on 29.10.2020, this Tribunal had considered the report submitted by the Pollution Control Board which was extracted in Para 3 of the order and also considered the submission made by the counsel viz., Sri. Sai Sathya Jith who proposed to appear for M/s. Rikenbik Pharma, one of the pharma unit in that industrial estate, against whom action has been taken stating that the Pollution Control Board had issued a letter imposing compensation without giving an opportunity and this Tribunal had directed the Pollution Control Board to comply with the principles of natural justice and also directed the Pollution Control Board to submit a detailed report showing the things mentioned above including the number of units and violation, if any, committed by such units and proposed action taken against those units for non-compliance. The Public Works Department (PWD) was also directed to file a status report regarding the action taken by them to protect the Puzhal Lake and prevent illegal dumping of solid waste and bio-medical waste that were being dumped in the lake and posted the case to 27.11.2020 and thereafter, it was adjourned by successive notifications and posted the case to today for that purpose.4. When the matter came up for hearing today through Video Conference, Sri. Dr. V.R. Thirunarayanan represented respondents 1 to 4, 6 & 7 and Sri. C. Kasirajan through Ms. Meena represented 5th respondent.5. M/S. Rikenbik Pharma represented by the learned counsel Sri. Sai Sathya Jith filed I.A. No.114 of 2020 (SZ) to get themselves impleaded in this matter as action has been taken against them by the Pollution Control Board without giving an opportunity to them and bring certain facts to the notice of this Tribunal regarding the compliance of the Bio-Medical Waste Management Rules, 2016 by that Pharma company.6. Considering the circumstances, we feel that this application will have to be allowed. So, the I.A. No.114 of 2020(SZ) is allowed and M/s. Rikenbik Pharma who is the applicant in that application is impleaded as additional 8th in this matter.7. The Registry is directed to carry out the amendment in the cause title.8. The Pollution Control Board as well as the Public Works Department (PWD) are directed to submit their respective reports as directed by this Tribunal by earlier orders on or before 17.02.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.9. In the mean time, the additional 8th respondent is also at liberty to file their submission before this Tribunal so that, that also can be considered by the Tribunal. However, we are not interfering with the proposed action taken by the Pollution Control Board as directed by us for violation, if any, found as the affected party by the orders, if any, passed will be getti
Please Login To View The Full Judgment!
ng a statutory remedy of challenging the same before the appropriate forum.10. The Registry is directed to communicate this order to the Pollution Control Board as well as to the Public Works Department (PWD) and also to the Chief Secretary, State of Tamil Nadu by e-mail immediately so as to enable them to comply with the direction.11. For consideration of further report, post on 17.02.2021.