Supreme Court rules prior land possession not mandatory for bio-medical waste facility clearances

This case concerns an appeal by M/s Punahchakran Private Limited against a National Green Tribunal order that invalidated their Environmental Clearance (EC) and Consent to Establish (CTE) for a Common Bio-medical Waste Treatment Facility (CBWTF). The core issue is whether prior possession of land is a mandatory condition precedent for applying for such clearances and whether the authorities can grant relaxation on land area requirements.

Appellant: M/s Punahchakran Private Limited; Respondents: Indotech Waste Solution & Ors; Bench: Justice J.B. Pardiwala.

• The Court is reviewing the Tribunal's decision that set aside the EC dated 20.12.2023 and CTE dated 20.12.2023 granted to the appellant.
• The Court is analyzing the mandatory nature of the Revised Guidelines (RG) 2016 and the requirement of land acquisition at the stage of Form 1 application, EC appraisal, and CTE application.
• The Court is examining the permissibility of granting relaxation in land requirements and the validity of the second Terms of Reference (ToR) issued after the first EC was revoked.

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