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.

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

What the court decided

• 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relaxation in land requirements and the validity of the second Terms of Reference (ToR) issued after the first EC was revoked.

Also in the document

• The judgment is marked as 'REPORTABLE' and is Civil Appeal No. 7367 of 2024.
• The Tribunal previously held that the first EC and CTE were illegal because the appellant had not procured the land and the plot size (0.89 acres) was less than the required 1 acre without proper relaxation.
• The Central Pollution Control Board (CPCB) granted relaxation of the land area requirement from 1.0 acre to 0.89 acres on 17.11.2023, subject to additional control measures such as zero liquid discharge and real-time monitoring.