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  • NGT Dismisses Appeal Against Biomedical Waste Facility in Azamgarh, Upholds Environmental Clearance

    National Green Tribunal | Law Notify | NGT

    February 25, 2026 : The National Green Tribunal (NGT) has dismissed an appeal challenging the environmental clearance granted for a proposed Common Bio-Medical Waste Treatment and Disposal Facility (CBWTF) in Uttar Pradesh’s Azamgarh district, ruling that the project complies with relevant environmental guidelines.

    The case, filed by Santosh Kumar Singh, had questioned the Environmental Clearance issued on January 24, 2023 by the State Level Environment Impact Assessment Authority (SEIAA), Uttar Pradesh, in favour of M/s Silkon Biotech Pvt. Ltd. The clearance allowed the company to establish a biomedical waste treatment facility at Village Bhadon-Mahul in Azamgarh district.

    Earlier, the tribunal had dismissed the appeal in April 2023. However, the Supreme Court later set aside that decision and restored the matter to the NGT for fresh consideration, noting that the tribunal had not examined whether the project complied with the required guidelines for establishing such facilities. The apex court directed the NGT to reassess the case after reviewing relevant material regarding compliance with Clause 2(b) of the revised guidelines for CBWTFs.

    Following the Supreme Court’s direction, the NGT issued notices to all parties and conducted a detailed hearing. The appellant argued that the siting criteria under the guidelines had not been followed, claiming that no proper gap analysis had been conducted and that the facility was being set up near a residential area and a temple.

    Responding to these allegations, the SEIAA and the Uttar Pradesh Pollution Control Board (UPPCB) submitted that the required gap analysis had been carried out and that the project complied with the applicable guidelines. They also produced reports showing the distance of the proposed facility from residential areas and other sensitive locations.

    The tribunal examined the Revised Guidelines for Common Bio-Medical Waste Treatment and Disposal Facilities issued by the Central Pollution Control Board (CPCB) in 2016. These guidelines require authorities to conduct a gap analysis to determine the need for new facilities within a 75-kilometre radius and assess the adequacy of existing treatment capacity.

    Records presented before the tribunal showed that districts in the Azamgarh region generate biomedical waste from more than 15,000 hospital beds. Authorities also found that there was no CBWTF operating within the immediate region, making the establishment of a new facility necessary. The nearest existing facility was located in Varanasi, about 72 kilometres away from the proposed site.

    The tribunal also reviewed reports concerning nearby locations. A site inspection and reports from local authorities indicated that no highways, railway lines, educational institutions, residential settlements, or other sensitive locations were present within a 500-metre radius of the project site.

    Regarding the claim about a temple located near the project site, the project proponent submitted geo-tagged photographs suggesting that no such temple currently exists. Even otherwise, an earlier report from the revenue authorities stated that the temple was a small structure visited by a limited number of people and located about 400 metres away.

    After examining the documents and submissions, the tribunal concluded that the authorities had properly assessed the siting criteria and carried out the required gap analysis before granting environmental clearance. It found no violation of Clause 2(b) of the CPCB guidelines.

    With these findings, the NGT ruled that the appeal lacked merit and dismissed the case, allowing the biomedical waste treatment facility project to proceed.

    Law Notify Team

    Team Law Notify

    Law Notify is an independent legal information platform working in the field of law science since 2018. It focuses on reporting court news, landmark judgments, and developments in laws, rules, and government notifications.
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