Nagpur. M/s Dashin Aspetic Relief Clinic Lab filed a petition in the High Court for not granting permission by the Sarpanch and others to set up a Common Biomedical Waste Treatment Facility, despite taking all the necessary clearances as per the rules. On this, the High Court had ordered the Sarpanch and others to give NOC (No Objection Certificate) to the petitioner. These orders were not complied with, due to which a contempt of court petition was filed. After hearing this, Justice AS Chandurkar and Justice GA Sanap ordered the Dhargaon sarpanch to take a decision as per the orders within 10 days, otherwise remain present in the court on March 8.
Fundamental responsibility not being fulfilled
On the petition, the court was of the view that the environmentally conscious petitioner is going to prepare such a project on private land. For this, approval was also obtained from the State Pollution Control Board as per the rules. The environment department of the state government also showed positivity but the sarpanch is not showing interest in it. Although this facility is not ready, similar efforts are being made. The Fundamental Responsibility entrusted as per Article 51 (a) (g) of the Constitution is also not being fulfilled. Even on 26 January 2019, the resolution was passed by taking a meeting, in which the approval was clearly denied. Similarly, on 18 December 2018 also, the NOC was denied by taking a meeting. The reasons why the NOC was not being given were not even disclosed.
Clear instructions from central agency
The court was of the view that the central agency Central Pollution Control Board had issued an ordinance on March 28, 2016, according to which it is the responsibility of the local body bodies to provide common biomedical waste treatment facilities and to provide suitable space for it. Even after following all the conditions, the petitioner is not being allowed to do so. Therefore, orders were given by the court to give NOC by taking a positive proposal in the Gram Panchayat, which was not followed. After the notice was issued on the contempt petition, the sarpanch filed an affidavit. Along with this a proposal to refuse NOC by the Gram Sabha was also added. In this context, the court said in the order that the High Court had ordered the Gram Panchayat to take the decision and not the Gram Sabha. Even after this, NOC was refused by bringing a resolution in the Gram Sabha.