Order of the National Green Tribunal in the matter of Veterans Forum for Transparency in Public Life Vs Delhi Pollution Control Committee & Others dated 29/04/2019 regarding compliance of Bio-Medical Waste (Management and Handling) Rules, 2016 in Delhi and Uttar Pradesh.

In its order dated 30/11/2018, the Tribunal had directed the Uttar Pradesh State Pollution Control Board (UPSPCB) and the Delhi Pollution Control Committee (DPCC) to inventorise the occupiers as per the said Rules and take other steps. The report of the UPSPCB mentions that 16,075 Health Care Facilities (HCFs) have been identified and authorisation granted. While DPCC mentions that out of 7,602 HCFs only 4,275 have been given authorization as per the data of Common Biomedical Waste Treatment Facilities (CBWTFs). DPCC has given notice to the defaulting HCFs.

The NGT notes that mere authorization would not meet the mandate of law and said that compliance of the Rules must ensure scientific disposal of medical waste to prevent damage to the environment and the public health. Meaningful steps in the matter may be taken so as to ensure compliance of the said Rules in the State of UP and Delhi by 30/06/2019 and stringent action taken in terms of prosecution and recovery of compensation against HCFs which are found to be non-compliant. Proper monitoring regime should be ensured in this regard. The UPSPCB and the DPCC has been asked to submit a report on the matter by 15/07/2019.