Hospital directed to compensate for violation of biomedical waste rules

NGT upholds DPCC order against Bharadwaj Hospital

October 13, 2019 12:18 am | Updated 12:18 am IST - New Delhi

The National Green Tribunal has dismissed an appeal moved by Bharadwaj Hospital here challenging a compensation order passed by the Delhi Pollution Control Committee (DPCC) for violation of biomedical waste management rules.

Over ₹14,000

Upholding the compensation of over ₹14,000, a Bench headed by NGT chairperson Justice Adarsh Kumar Goel said: “It is clear that the hospital was in operation without seeking renewal of the requisite authorisation in terms of the Bio-Medical Waste Rules-2016.”

The Bench added: “Even if it is accepted that on the date the appellant was required to close down it's working, the appellant itself declared that it will close down, there is no justification to question the direction to pay compensation for the period of default.”

The hospital had contended that a day prior to the DPCC notice directing closure, the hospital had itself informed the Health Department that operations would shut.

“Case of the appellant is that one day before the notice was issued, the appellant had closed down its operations and informed the Department of Health that it will close its operation from June 25, 2019. The notice issued by DPCC dated June 25 states that show cause notice was earlier issued and various camps were organised even before that...the appellant continued to violate the BMW Rules,” the Bench observed.

Noting that the hospital was operational till June 25 despite the requisite authorisation expiring on December 2017, the green panel held that the hospital is liable to pay compensation for the period of default.

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