The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 4369 of 2023 Maitree Sansad, Cuttack …. Petitioner Mr. A. Mohanty, Advocate -versus- 1. State of Odisha 2. Secretary, Health Deptt., BBSR 3. Superintendent, SCB Medical College and Hospital, Cuttack 4. Superintendent, Maharaja Krushna Chandra Gajapati Medical College and Hospital, Berhampur 5. Superintendent, V.S.S. Medical College and Hospital, Burla 6. Chairman, State Pollution Control Board, Bhubaneswar 7. Union of India …. Opposite Parties Mr. L. Samantaray, A.G.A. CORAM: THE CHIEF JUSTICE JUSTICE SAVITRI RATHO Order No. ORDER 01.08.2024 112. This matter is taken up through Hybrid mode. 2. The petitioner in the present writ application in the nature of Public Interest Litigation has raised a genuine public cause of proper
Legal Reasoning
Berhampur which is said to be functional. There is no dispute that for proper disposal of Bio-medical Waste in the Medical Colleges incinerator is essential. It is not in dispute that there is necessity of installation of incinerators in the other two Hospitals. 4. We may refer to this Court’s order passed earlier on 28.03.2022 which reads thus: “1. This is a PIL concerning disposal of bio-medical waste, which has been pending since 2003. Several orders were passed by this Court in the matter till early 2015. The previous hearing took place more than seven years ago on 20th February, 2015 when the following order was passed: affidavit. “In spite of our direction dated 19.09.2014, affidavit as directed, has not yet been filed by the State. Sri S. Das, learned A.G.A. prays for some more time to file counter He is granted one month time to file such counter affidavit. Sri A.C. Mohanty, learned counsel appearing for the State Pollution Control Board submits that 2 (c) CC Nos.548 and 549 of 2010 are still pending before the Page 2 of 7 learned S.D.J.M., Cuttack, and evidence on the part of the prosecution has already been concluded. We seek an explanation from the learned S.D.J.M., Cuttack, as to why the proceeding in 2 (c) CC Nos.548 and 549 of 2010, has not been completed till today, as had been directed vide order dated 19.09.2014. Such report be submitted before the Registry of this Court in a sealed cover within two weeks hence. It is matter of regret that the management of BioMedical Waste even in the Govt. Hospitals is abysmal and there is only token compliance of the law. In reality, most of the equipments installed at the Govt. Hospitals are either non-functional or outdated and consequently the pollution caused by such Bio-Medical Waste are of consequences. We therefore call upon the Secretary to Govt. of Orissa in the Health & Family Welfare Department to file an affidavit, indicating what immediate are being taken by the State to mitigate such situations. Let such affidavit be filed within a week. Free copy of this order be handed over to Sri. S. Das, learned A.G.A. and Sri A.C. Mohanty, learned counsel for the State Pollution Control Board for compliance.” serious steps 2. Learned counsel for the Petitioner states that the above order has not yet been complied with, inasmuch as the affidavit of the State has not been forthcoming. 3. In order to demonstrate that the issue is very much alive, learned counsel for the Petitioner has produced before the Court a copy of letter dated 12th January, 2021 addressed by the Superintendent, SCB Medical College and Hospital, Cuttack to the Secretary to Revenue Divisional Commissioner (CD), Cuttack stating therein how an Page 3 of 7 estimate for a sum of Rs.20,00,000/- for repairing the incinerator had been sent to the Director Medical Education & Training and despite repeated letters, it had not yet been responded to. 4. It is plain from the above letter that one of the major hospitals in Cuttack is still facing difficulties in disposing of biomedical waste on account of a broken down incinerator. This being a serious matter, needs immediate attention. Accordingly, the Additional Chief Secretary, Health is directed to immediately examine the issue and ensure that, if not already done, the incinerator at the SCB, Medical College and Hospital, Cuttack is repaired. Further the said hospital should be enabled to procure forthwith a modern incinerator. This facility however should not be restricted only to the SCB Medical College and Hospital but to other Government Hospitals elsewhere in Odisha. An affidavit in this regard be filed by the Additional Chief Secretary, Health not later than 13th May, 2022. 5. List on 18th May, 2022. 6. A copy of the order be communicated forthwith to the Additional Chief Secretary, Health for compliance.” 5. The matter was later taken up on 14.09.2022 when this Court recorded the following order: “1. An affidavit dated 10th May, 2022 has been filed by the Additional Chief Secretary, Health and Family Welfare Department, Government of Odisha stating that the Page 4 of 7 incinerator under the Biomedical Waste Management Programme is fully functional at the SCB Medical College and Hospital, Cuttack with a Login ID and Password from the State Pollution Control Board and the installed online continuous monitoring system (OCMS) is transmitting real time monitoring data to the server of the SPCB. It is stated that incinerators in two others Government Medical College and Hospitals i.e., at Berhampur and Burla have also been connected to the SPCB portal. It is stated that apart from these facilities, three other Common Biomedical Waste Management Facilities (CBWMF) are managed by private agencies at the Khurda, Sundargarh and Ganjam. 2. As regards the Districts having no CBWMF, there are captive pits in their containment areas for disposal of biomedical waste from hospitals. Five new clusters are also stated to have been identified. It is stated that a sum of Rs.103.64 crores has been transferred to the Panchayati Raj and Drinking Water Department for constructions of storage rooms along with the three phased line connection for establishment of biomedical equipments at all levels of the health care facilities in the State. 3. Learned counsel appearing for the Petitioner on the other hand insists that the order dated 28th March 2022 of this Court has still not been complied with and that the affidavit filed by the State is silent about the repair of the broken incinerator installed at the SCB Medical College. 4. The Court considers it appropriate to permit the Petitioner’s representatives i.e. Mr. Akshya Kumar Das, the Page 5 of 7 Advisor and Member of the Maitree Sansad, Mr. Sanjay Kumar Mohanty and Mr. Tej Kumar Sahoo to visit the SCB Medical College and Hospital within the next two weeks with at least one week’s advance notice to the Medical Superintendent (MS). The MS of the SCB Medical College will explain to them the facilities installed and the status of the broken incinerator. The same team of three persons is also permitted to visit the facilities at MKCG Medical College, Berhampur and VIMSAR, Burla in the next six weeks with again at least one week’s prior intimation to the respective MSs. The Petitioner is permitted to file an affidavit after conclusion of the above visits, before the next date of hearing. 5. List on 14th November, 2022.” 6. From the order dated 14.09.2022, it appears that the Additional Chief Secretary, Health and Family Welfare Department, Government of Odisha, had stated in his affidavit that the incinerator under the Biomedical Waste Management Programme was fully functional at the SCB Medical College and Hospital, Cuttack with a Login ID and Password from the State Pollution Control Board. It was also stated that incinerators in two other Government Medical Colleges and Hospitals i.e., at Berhampur and Burla have been connected to the State Pollution Control Board portal. Page 6 of 7 7. In such view of the matter, we dispose of the present writ application with a direction to the Additional Chief Secretary, Health and Family Welfare Department, Government of Odisha to ensure that incinerators in above mentioned three medical Hospitals are functional and if required, new incinerators be installed. The Court may take serious view of the matter if this Court’s direction is violated in any manner. 8. There is another prayer made in the writ petition pertaining to Taladanda Canal, which prayer has admittedly become infructuous. 9. This writ application stands disposed of accordingly with the aforesaid direction and observation. Chief Justice (Chakradhari Sharan Singh) puspa/sukanta (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 02-Aug-2024 13:36:17 Page 7 of 7
Arguments
disposal of Bio-Medical Waste in S.C.B. (Sriram Chandra Bhanja) Medical College and Hospital, Cuttack, VIMSAR (Veer Surendra Sai Institute of Medical Science and Research) Medical College and Hospital, Burla and M.K.C.G. (Maharaja Krishna Chandra Gajapati) Page 1 of 7 Medical College and Hospital, Berhampur by installation of new incinerators and by ensuring that such incinerators are functional. 3. This matter is pending since 2003. It has remained pending for more than 21 years and 111 orders have been passed till date. It is not in dispute that because of this Court’s intervention, a new incinerator has been installed in M.K.C.G. Medical College and Hospital,