Law: Punjab Environmental Protection Act, (XXXIV of 1997)

Section: 16,22

Punjab Environmental Protection Act (XXXIV of 1997)--- ----Ss. 16 & 22---Punjab Hospital Waste Management Rules, 2014---Disposal of hospital waste---Non-compliance of status report---Locus standi---Appellant was operating a medical unit which was sealed by authorities for improper disposal of hospital waste and directions were issued in such regard---High Court set aside sealing of premises but authorities stopped waste disposal---Validity---Appellant had not challenged order in question before any legal forum and as its legitimacy was intact, it attained finality---Appellant himself had undertaken before High Court to comply with directions issued by department and compliance of instructions contained in order in question were thus binding on appellant---Implementation order did not provide any legal foundation to pass order in question since it was acted upon and exhausted before High Court---Environmental Tribunal set aside notification in question as it was passed in violation of S. 16 of Punjab Environmental Protection Act, 1997---Appeal was allowed accordingly. THIS JUDGMENT DELIVERED BY: MUZAFFAR MAHMOOD, MEMBER (GENERAL) Brief facts are that appellant as professional medical practitioner was operating Al-Shifa Hospital and was also president of the Association of Private Hospital for Safety Measures Advancement and National Help (AHSAN) and was running the unit at Sujan Pur Road Basti Shah Hussain District Multan. On 18.10.2016 EPA Multan visited the appellant unit and framed SIR. The unit was found violating the Punjab Hospital Waste Management Rules, 2014 and accordingly opportunities of hearing were provided to appellant on 19.01.2017 and 22.06.2017 but he did not join the hearing process and on 20.11.2017 Environmental Protection Order was issued with the following directions to comply within thirty days: i. Ensure compliance of the Punjab Hospital Waste Management Rules, 2014 in letter and spirit. ii. Arrange for proper storage of infectious and domestic (non-infectious) wastes separately. iii. Treatment facility be adopted to treat infectious hospital waste through incinerator. iv. The record of incinerated waste be maintained. Otherwise Stop…

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