HC orders issuing notices to MPCB; Watergrace Co. in biomedical waste project

Chhatrapati Sambhajinagar:

A petition has been filed in the Aurangabad Bench of Bombay High Court after permission (Consent to Operate) was granted to another company to establish a new district-level biomedical waste project in the city, instead of the contractor whose bid had already been approved.

Following the petition, the bench comprising Justice Manish Pitale and Justice Y G Khobragade, on Tuesday directed issuance of notices to the Maharashtra Pollution Control Board (MPCB) and Watergrace Company. The matter will be heard after two weeks.

What is the petition about?

According to the petition filed by M/s Biotech Waste Ltd., Gurugram, Haryana, the municipal corporation and the district-level committee had invited tenders for setting up a new biomedical waste project in the city. The petitioner’s tender had been approved. As per tender conditions, in order to set up the new project, the existing facility had to be closed. However, neither MPCB nor the district committee granted the necessary permission to Biotech.

Instead, when M/s SMS Watergrace Company sought permission, it was granted to them. The MPCB informed the petitioner that since permission had already been given to Watergrace, it could not be given to Biotech.

Petition filed as permission was not cancelled

Although it was communicated by the municipal corporation and district-level committee that permission should not be granted to Watergrace because Biotech’s tender had already been approved, the MPCB did not cancel Watergrace’s permission. Consequently, Biotech approached the High Court.

The petitioner argued that under the Pollution Control Act, if one facility (project) is already operational, no second project can be permitted within a 75 km radius.