Order of the National Green Tribunal in the matter of Rakesh Kumar & Others Vs Union of India & Others dated 11/08/2021.

The matter related to Environmental Clearance (EC) granted to M/s Sushila Bio Medical Waste Plant at village Fatehpur Vishnoi, district Moradabad, Uttar Pradesh and that it was contrary to the siting guidelines. The unit is close to the habitation and a school. The SEIAA made recommendations without Environment Impact Assessment and appraisal by the SEAC, the application said.

The report by the SEIAA, Uttar Pradesh, June 21, 2021 informed the court that the project proponent in its application for EC had concealed facts regarding the distance of school and other environmental sensitive areas. Thus, a show cause notice was issued, April 6, 2021 and the EC was held in abeyance. Also, the appeal against the EC is time barred.

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The PP in its reply, April 21, 2021 said there was no concealment and the joint committee accepting the stand, restored the EC on May 25, 2021 subject to certain conditions.

The NGT said that the objection raised by the respondents, that EC cannot be questioned as the appeal is time barred, carries no merit. Compliance of EC conditions needs to be ensured at all times and EC could be rescinded if it was obtained by the concealment of facts, the order said.

The NGT directed the PP to pay compensation of Rs. 10 lakhs for concealment of material facts and directed a joint committee to conduct a visit to the plant to consider further conditions for the protection of environment and submit a report. The report must mention the requirements of the waste facility in terms of the collection system, control of pilferage of waste by way of disposal with MSW and limited operational hours of the facility.