Visakhapatnam: The Andhra Pradesh High Court has dismissed a writ petition challenging the newly adopted method for
conducting gap analysis of Common Bio-Medical Waste Treatment and
Disposal Facilities (CBWTFs) in the state. The Court held that such matters fall
under the expertise of specialised bodies, and judicial interference should be
limited.Also Read:Courts must exercise caution before interfering with Educational standards set by NMC: HCPointing out that such
cases require specialized knowledge or expertise, especially those made by
expert bodies or government agencies, the bench added, “This principle of
judicial restraint stems from the understanding that courts may lack the
specific technical or professional expertise necessary to adequately review
such decisions. Interference is usually only warranted when there’s clear
evidence of illegality, arbitrariness, or procedural impropriety.” The petition was filed by
a registered society comprising twelve members who operate CBWTFs across Andhra
Pradesh and work to raise awareness about proper biomedical waste management.

The petitioners argued
that the Andhra Pradesh Pollution Control Board (APPCB) was required to conduct
a gap analysis to assess the treatment capacity of existing CBWTFs over a
projected ten-year period. This would help determine if new facilities were needed
in any area, without affecting the coverage area of existing ones. However, the
petitioners claimed that APPCB was moving ahead to permit new CBWTFs without
completing a proper gap analysis, prompting several legal challenges in the
past.

In response, APPCB had
assigned the gap analysis task to the Andhra Pradesh Environment Management
Corporation Limited (APEMCL), which hired consultants to prepare reports. These
reports were later revised by a committee set up by APPCB. The Central Pollution
Control Board (CPCB) returned the reports with comments, noting deficiencies.
Although a revised study was carried out, the CPCB again found it
unsatisfactory and asked for a fresh report.

The petitioners also
contended that CPCB had adopted a new method for gap analysis, based on a study
from the South-East Asian region, without public consultation and contrary to
earlier approved guidelines. They referred to official letters from the Ministry
of Environment, Forest and Climate Change (MoEF&CC) and CPCB, which
required the gap analysis reports to be reviewed and approved by CPCB before
granting permission for new CBWTFs. Despite this, the petitioners claimed that
APPCB was still planning to approve new facilities, ignoring the deviations in
the updated gap analysis.

The society had submitted
representations to CPCB and APPCB highlighting these issues, but received no
satisfactory response, leading them to file the writ petition. The grievance of
the petitioner society is twofold. One is switching on to new methodology by
CPCB for conducting gap analysis study based on the study report of South-East
Asian region, instead of following old methodology, and the other is that APPCB
is not considering its representation dated 29.01.2025 submitted to consider
the gap analysis report without reference to any new methodology other than the
one that was adopted all over the country.

After considering the
submissions, a division bench of Chief Justice Dhiraj Singh
Thakur and Justice Ravi Cheemalapati observed, “It is needful to note that an inadequate number of treatment facilities and treatment facilities with
inadequate capacity to treat the waste generated may result in unscientific
disposal of bio-medical waste to the detriment of public health. The guidelines
and the methodology for conducting gap analysis must aim to ensure effective
treatment of bio medical waste for protection of environment and public health.”Also Read:Bombay HC Notice to CDSCO on Denial of Phase I Trial for Indigenous Cancer Drug“Therefore, the concerned Pollution Control
Boards must always strive to explore the new methods and modalities to narrow
down the gaps, if any, for ensuring compliance of the object of guidelines. Any
attempt to curtail them from switching on to new methodology based on studies
and adopting the methods followed by the nations across the globe would entail
derailment of the State’s Constitutional obligation for providing a pollution-free
environment and protection of natural environmental resources,” the court
further added.

Finally the court
dismissed the petition, pointing out that the Court did not find any patent
illegality, arbitrariness, or procedural impropriety in switching on the new
methodology by Central Pollution Control Board and advising the State Control
Boards to consider the recommendations made by them on gap analysis report
before concluding the requirement of new CBWTFs.To view the order, click on the link below:https://medicaldialogues.in/pdf_upload/display-4-bio-medical-waste-599471-286625.pdf