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Before the National Green Tribunal Southern Zone

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Before the National Green Tribunal Southern Zone BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No. 130 of 2015 (SZ) Applicant(s) Respondent(s) Jawaharlal Shanmugam Vs. 1. Tamil Nadu Pollution Control Board Thiruvanmiyur Guindy, Chennai rep. by its Chairman. Chennai 600041 2. The State of Tamil Nadu, rep. by its Secretary, Ministry of Health & Family Welfare Fort St. George, Chennai. 3. The Dean, Stanley Medical College and Hospital, Chennai. 4. The Director of Medical Education, Kilpauk, Chennai 5. Indian Medical Association, JVL Plaza, Teynampet, Chennai Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.M.Velmurugan, Girija Velmurugan Mrs.H.Yasmeen Ali for R1 K.S.Elangovan Mr.Abdul Saleem for R2 to R4 Mr. Anand David for R5 Note of the Orders of the Tribunal Registry Order No. Date: 6th January, 2016 Pursuant to the earlier direction of this Tribunal dated 23 December, 2016 it is submitted by the learned counsel appearing for the State Pollution Control Board that wide notices have been published to the private hospitals to appear before this Tribunal today. In response to the publication issued by the Board, the Indian Medical Association (IMA) which is registered under the Registration Act, stated to have nearly 1,000 private hospitals as its members, is represented through the learned counsel. Mr.Anand David, learned counsel appearing for IMA submits that according to his information the private hospitals are having all mechanism for the disposal of bio-medical waste in all these years even though they have not applied for ‘’consent’’. We suo motu direct impleadment of Indian Medical Association as respondent No.5. The Registry shall make necessary amendment in this regard. The learned counsel appearing for the applicant shall file fresh amended memo of parties. Since the learned counsel is appearing on behalf of IMA notice to IMA shall stand waived. The newly added party shall file a detailed reply containing the details about its members and the confirmation of the provisions relating to disposal of bio-medical waste on the next date of hearing. Mr.Abdul Saleem, the learned Special Government Pleader has submitted that among the government hospitals there are two sets viz., the government hospitals which are coming under the control of Director of Medical Services and another set of hospitals which are coming under the control of Director of Medical Education which relate to the government hospitals attached with Government Medical Colleges. The learned Special Government Pleader has given the status report about the government hospitals attached with Medical Colleges in the State of Tamil Nadu numbering 41 which are as follows: S.No. Name of the Hospitals Present position as on 5.1.2016 -------- ----------------------------------------------- ------------------------------ 1. Rajiv Gandhi Government General Hospital, Chennai Applied on 28.12.15 2. Government Stanley Hospital Chennai Applied on 31.12.15 3. Kilpauk Medical College Hospital Chennai Applied on 29.12.15 4. Vellore Medical College Hospital Vellore Applied on 15.04.14 5. Dharmapuri Medical College Hospital, Dharmapuri Applied on 17.12.15 6. Government Mohan Kumaramangalam Medical College Hospital, Salem Applied on 17.11.15 7. Thoothukudi Medical College Hospital, Thoothukudi Valid from 13.11.15 to 13.11.18 8. Kanyakumari Medical College Hospital, Kanyakumari Valid upto 31.03.16 9. Government Raja Mirasudhar Hospital, Thanjavur Valid from 26.11.14 to 26.11.17 10. Mahatma Gandhi Memorial Govt. Hospital, Trichy Application is under process 11. Thiruvarur Medical College Hospital Thiruvarur Applied on 06.03.15 12. Government Sivagangai Medical College Hospital, Sivagangai Applied on 19.01.15 13. Thiruvannamalai Medical College Hospital, Thiruvannamalai Valid upto 31.03.16 14. Institute of Non-Communicable Diseases and Government Royapettah Hospital, Chennai Applied on 30.10.15 15. Institute of Child Health and Govt. Hospital for Children, Chennai Valid -26.10.15 to 26.10.18 16. Government Arignar Anna Memorial Cancer Hospital, Kancheepuram Applied on 04.01.16 17. Government Peripheral Hospital K.K.Nagar, Chennai Valid upto 31.08.16 18. Institute of Thoracic Medicine Chetpet, Chennai Applied on 7,12,15 19. TB Hospital, Tambaram Applied on 30.04.15 for renewal 20. Government Medical College Omandurar Estate, Chennai Consent will be obtained after Completion of the project 21. Villupuram Medical College Hospital, Villupuram Valid up to 31.03.16 22. Coimbatore Medical College Hospital, Coimbatore Applied on 28.03.14 – in progress 23. Karur Medical College Hospital Karur Consent approved on 13.04.15 24. ALC, Rehabilitation Hospital K.K.Nagar, Chennai Applied on 05.01.16 25. Tirunelveli Medical College Hospital Tirunelveli Applied on 31.12.15 26. Institute of Obstetrics and Gynaecology And Government Hospital for Women & Children, Chennai Applied on 05.01.16 27. Government Peripheral Hospital, Periyar Nagar, Chennai Applied on 02.01.16 28. Government Peripheral Hospital Anna Nagar, Chennai Valid upto 09.12.16 29. Government Peripheral Hospital Tondiarpet, Chennai Applied on 05.01.16 30. KINGs Institute of Preventive Medicine Applied on 12.01.15 31. Regional Cancer Institute, Kancheepuram Applied on 04.01.16 32. Regional Institute of Ophthalmology And Goverrnment Ophthalmic Hospital, Chennai Applied on 05.01.16 33. RSRM Lying Hospital, Chennai Applied on 05.01.16 34. Thanjavur Medical College Hospital Thanjavur Applied on 04.01.16 35. Institute of Social Obstetrics and Instructed to submit upto date status Government Kasturba Gandhi to this directorate within this week Hospital for Women & Children, Chennai 36. Tamil Nadu Dental College Hospital Instructed to submit upto date status Chennai to this directorate within this week 37. Government Rajaji Hospital Madurai Instructed to submit upto date status to this directorate within this week 38. Chengalpattu Medical College Hospital Instructed to submit upto date status Chengalpattu to this directorate within this week 39. Government Thiruvotteswarar Hospital Instructed to submit upto date status For Thoracic Medicine, Otteri to this directorate within this week 40. Tamil Nadu Government Multi Super Instructed to submit upto date status Speciality Hospital, Omandurar, Chennai to this directorate within this week 41. Theni Medical College Hospital, Theni Instructed to submit upto date status to this directorate within this week It is seen that out of the said 41 hospitals, 8 hospitals alone are having valid ‘’consent’’ from the Board as on date. It is seen that in respect of other hospitals either they have hurriedly applied after the order passed by this Tribunal or cases where instructions have been issued and they are on the process of making application. We make it very clear that within 30 days from today, if the entire process of granting ‘’consent’’ is not completed, suitable orders will be passed in respect of those hospitals. We make it clear that the Board shall consider their applications either fresh or renewal, and must be satisfied specifically as to how these government hospitals were disposing of the Bio-medical waste generated in their hospitals all these years. Such satisfaction must be expressly stated by the Board in the orders to be passed. We also reiterate that in cases where the Board is not satisfied about the proper disposal of bio-medical waste by those government hospitals, list of those hospitals shall be provided to this Tribunal on the next date of hearing. The above said exercise shall be completed within a period of 30 days from today. It is brought to the notice of this Tribunal by the learned Special Government Pleader that in respect of death of large number of patients due to infection in Government Stanley Hospital, Chennai, a Public Interest litigation is pending before the Hon’ble First Bench of the Madras High Court and it is stated that the Hon’ble First Bench has appointed a Committee and a report has been filed by the Committee and the matter is coming up for hearing on 16th January, 2016. The learned Special Government Pleader would submit that even though the matter was originally taken up based on the unfortunate instance which have happened due to infection within the hospital premises, subsequently the Hon’ble High Court has extended the scope of enquiry. Mr.Jawaharlal Shanmugam, the applicant herein has submitted that he has impleaded himself in the above application before the Hon’ble High Court. We make it clear that presently in this application we are restricting ourselves only relating to the disposal of bio-medical waste by the hospitals and ‘’consent’’ from the Tamil Nadu State Pollution Control Board.. Needless to say that it is ultimately the Hon’ble High Court to lay down guidelines and directions in respect of other issues which are pending and pertaining to the government hospitals in the State. The list of government hospitals throughout the State of Tamil Nadu which are filed by the State Government states that there are totally 284 government hospitals in the entire State of Tamil Nadu of which some are having ‘’consent’’ and some have applied for renewal and in respect of the same renewal application is pending. The list given are as follows: S.No. District No. of Hospitals Available Renewal Applied Grand Applied Total 1. Ariyalur 3 1 4 2. Coimbatore 6 5 11 3. Cuddalore 1 1 6 8 4. Dharmapuri 2 2 4 5. Dindigul 1 11 12 6. Erode 1 7 8 7 Kancheepuram 1 8 9 8. Kanyakumari 2 7 9 9. Karur 4 2 6 10. Krishnagiri 6 6 11. Madurai 1 5 6 12. Nagapattinam 12 12 13. Namakkal 2 6 8 14. Perambalur 1 2 3 15. Pudukottai 13 13 16. Ramanathapuram 2 8 10 17. Salem 3 7 10 18. Sivaganga 1 1 15 17 19. Thanjavur 13 13 20. The Nilgiris 6 6 21. Theni 2 4 6 22.
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