February 25, 2026 : The National Green Tribunal (NGT) has dismissed an appeal challenging the environmental clearance granted for a biomedical waste treatment facility in Uttar Pradesh’s Azamgarh district, ruling that the project complies with the applicable environmental guidelines.
The order was delivered on February 25, 2026, by a bench headed by NGT Chairperson Justice Prakash Shrivastava and Expert Member Dr. A. Senthil Vel. The appeal had been filed by Santosh Kumar Singh under Section 16(h) of the National Green Tribunal Act, 2010, contesting the environmental clearance issued by the State Level Environment Impact Assessment Authority (SEIAA), Uttar Pradesh, to M/s Silkon Biotech Pvt. Ltd. for establishing a Common Bio-Medical Waste Treatment and Disposal Facility (CBWTF) in village Bhadon-Mahul, Martinganj, in Azamgarh district.
The environmental clearance for the project had been granted on January 24, 2023. The appellant argued that the clearance violated key provisions of the Central Pollution Control Board’s Revised Guidelines for Common Bio-Medical Waste Treatment and Disposal Facilities issued in 2016. The challenge focused mainly on whether a proper “gap analysis” had been conducted to determine the need for a new waste treatment facility within the prescribed coverage area and whether the project met the required siting criteria.
Earlier, the NGT had dismissed the appeal in April 2023. However, the Supreme Court later set aside that order in July 2024 and directed the tribunal to reconsider the case after examining whether the requirements of Clause 2(b) of the revised guidelines had been complied with. The apex court had emphasized that the NGT must ensure environmental clearances are granted lawfully and that the right to a healthy environment under Article 21 of the Constitution is protected.
Following the Supreme Court’s directions, the tribunal reopened the case and allowed all parties to submit detailed responses and supporting documents. During the proceedings, the appellant argued that the facility was being set up without proper gap analysis and too close to residential areas and a temple.
In response, the SEIAA and the Uttar Pradesh Pollution Control Board (UPPCB) maintained that the necessary studies had been conducted and the project complied with all regulatory requirements. Authorities produced records showing that the gap analysis had considered the number of hospital beds and biomedical waste generation in the surrounding districts of Azamgarh, Mau and Ballia.
According to the documents presented before the tribunal, the three districts together have more than 15,000 hospital beds generating biomedical waste. The nearest treatment facility is located about 72 kilometers away in Varanasi, indicating the need for another facility in the region.
The tribunal also examined concerns related to the proximity of residential areas and religious sites. Reports from local authorities and inspection records indicated that no major residential settlements or sensitive installations were located within a 500-metre radius of the proposed site. A temple reportedly situated about 400 metres away was found to be a small structure visited by only a few people regularly, with slightly higher attendance during festival periods.
After reviewing the evidence, the NGT concluded that the siting criteria and regulatory conditions laid down in the 2016 guidelines had been properly followed. The tribunal also noted that the SEIAA had examined the issue in multiple meetings and relied on inspection reports, environmental impact assessment documents and other supporting material before granting clearance.
The bench ultimately held that there was no violation of Clause 2(b) of the CBWTF guidelines or other environmental requirements in the grant of the environmental clearance.
Finding no merit in the appeal, the tribunal dismissed the petition.
