HC orders Centre, KSPCB to clarify stand on Ramky treatment plant

The high court has directed the central government and the Karnataka State Pollution Control Board (KSPCB) to clarify the legal position on the environmental clearance given to Ramky Enviro Engineers Ltd for setting up hazardous waste disposal plants on the outskirts of Bengaluru.

The environment management services company runs a Treatment, Storage and Disposal Facility (TSDF) of hazardous waste spread over 93 acres of land in Pemmanahalli and Thimmanayakana Halli villages of Nelamangala taluk. The facility has a capacity of eight lakh tonnes.

One Shivagangaiah and others have filed a PIL petition before the high court, arguing that the unit poses danger to the environment and that the land falls within the Thippagondanahalli catchment area.

A division bench headed by Chief Justice Abhay S Oka ordered the respondents to file a statement of objections. The bench asked the respondents whether the company can run the unit without obtaining environmental clearance (EC). It also asked the KSPCB to clarify its stand under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

The petitioners informed the court that the matter was earlier heard by the National Green Tribunal (NGT), which disposed of the petition after directing the company to comply with the law and obtain the necessary environmental clearance. The company was directed to apply for the EC within two months. According to the petitioners, the company has not obtained the EC till date but continues to run the unit in gross violation of the NGT’s orders and environmental rules.

In response, the counsel for the company informed the court that its application for the EC is pending before the competent authority. The counsel further stated that an appellate authority under the Air Act and Water Act has ordered the status quo, thereby allowing the company to continue the operations.