The Supreme Court of India emphasized the National Green Tribunal's (NGT) duty to ensure that environmental clearances are granted in accordance with legal stipulations. This ruling comes from a case concerning the establishment of a Common Biomedical Waste Treatment Facility (CBWTF) in Azamgarh District, Uttar Pradesh, where the environmental clearance procedures were challenged.
Bench Composition: A bench consisting of Justice Abhay Oka, Justice Prashant Mishra, and Justice AG Masih ruled on the case. The bench reinstated an appeal that had initially been dismissed by the NGT, emphasizing the need for strict adherence to environmental guidelines and protocols.
Background: The case stemmed from the environmental clearance granted to Silkon Biotech Private Limited on January 24, 2023, for establishing a CBWTF in Azamgarh. The appellant contended that the clearance violated the Central Pollution Control Board (CPCB) guidelines, which prohibit setting up such facilities within a 75 km radius of an existing CBWTF. Additionally, the guidelines stipulate a mandatory 500-meter distance from habitations and sensitive establishments, which was allegedly breached as a temple was located 400 meters from the proposed site.
NGT’s Initial Ruling: The NGT dismissed the appeal, citing an earlier order that reduced the permissible distance for additional CBWTFs from 75 km to 40 km. The tribunal prioritized the need to address gaps in biomedical waste treatment facilities over strict adherence to the guidelines, arguing that environmental protection should take precedence.
Supreme Court’s Observations: The Supreme Court criticized the NGT’s interpretation and reduction of the distance requirement, stating that it was the NGT’s duty to ensure that all conditions for granting environmental clearance were met. The court highlighted that clause 2(b) of the CPCB’s Revised Guidelines mandates a gap analysis of biomedical waste generation and existing treatment capacity within a 75 km radius. This analysis should inform the development of new CBWTFs, with plans submitted to the Ministry of Environment, Forest and Climate Change (MoEF & CC) and the CPCB.
Judgment: The Supreme Court set aside the NGT’s order and restored the application for reconsideration. It directed the NGT to re-evaluate the case, ensuring that the Uttar Pradesh Pollution Control Board (UP PCB) provides evidence of compliance with clause 2(b) of the revised guidelines.
Implications: The ruling reinforces the need for regulatory bodies to adhere to established guidelines and protocols when granting environmental clearances. The Supreme Court underscored the importance of lawful and transparent procedures in environmental governance, thereby strengthening the legal framework for environmental protection.
Conclusion: This judgment by the Supreme Court marks a significant step towards ensuring that environmental clearances are granted based on thorough and lawful procedures. It holds regulatory bodies accountable for adhering to guidelines, thereby promoting environmental sustainability and public health. The case underscores the judiciary’s role in upholding environmental laws and the importance of compliance with established protocols.
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