APPEAL UNDER RULE 16 OF THE BIO-MEDICAL WASTE (MANAGEMENT

AND HANDLING) RULES, 1998 TO THE GOVT. OF NCT OF DELHI

To,
The Secretary,
Ministry of Environment,
Forest and Climate Change,
(Department of Environment),
Govt. of NCT of Delhi,
New Delhi

Appeal No___________of 2019

APPLICATION ON BEHALF OF THE APPELLANT FOR EARLY HEARING

MOST RESPECTFULLY SHOWETH: -

1. That the Appellant has filed the accompanying appeal inter-alia for

setting aside the Impugned decision dated 29.07.2019 passed by the

DPCC and for seeking directions for the withdrawal of the sealing

order dated 02.09.2019 passed by the SDM in respect of Plot No. 3A,

Khanpur, M.B. Road, New Delhi 110062. The contents of the

accompanying appeal are not reproduced herein for the sake of brevity

and the same may be read as part and parcel of the present

application at the time of the hearing.

2. It is submitted that although the Appellants had already complied

with all requirements of the BMWM Rules, 2016 and had obtained

authorization from the DPCC for both the premises i.e. Plot No. 3 and

Plot No. 4A, Khanpur a sealing order dated 02.09.2019 was passed by

the SDM in respect of Plot No. 3A, Khanpur, M.B. Road, New Delhi
 110062. From the perusal of the SDM order, it is apparent that the

same was passed in an arbitrary manner and without any application

of mind. It is submitted that the very basis of the said SDM order i.e.

that the Appellant failed to apply for Authorization under Bio-Medical

Waste Management Rules, 2016 till date is devoid of any merit as the

Appellants had already obtained authorizations from DPCC in respect

of both premises i.e. Plot No. 3 and 4A, Khanpur.

3. Further, it is submitted that the SDM had acted arbitrarily and

illegally while issuing the order to seal Plot No. 3A, Khanpur, M.B.

Road, New Delhi. It is pertinent to state herein that in the impugned

decision dated 29.07.2019 issued by the DPCC only directed the SDM

to ensure effective closure of the Appellant clinic. However, by sealing

the said Plot No. 3A, Khanpur, M.B. Road, New Delhi, the SDM

overreached its authority by passing the impugned order regarding

sealing of Plot No. 3A, Khanpur, M.B. Road, New Delhi. It is also

relevant to mention herein that bypassing the said order SDM has

also prevented the Appellants from carrying on any other activity from

the said premises.

4. It is pertinent to note herein that not only the SDM order but even the

process followed by the DPCC was arbitrary, without application of

mind and in violation of the principle of natural justice. It is submitted

that directions issued by the DPCC vide its notice dated 29.07.2019

directing the Appellant to close down his Clinic/Health Care facility

running from the premise situated at 3A Khanpur, M.B Road, New

 Delhi-110062 with immediate effect and to deposit the Environmental

Damages Compensation to the tune of Rs. 14,34,000/- (Fourteen Lacs

Thirty-Four Thousand only) in the office of the DPCC within 15 days

had clearly impacted the Appellants. Therefore, it was imperative for

the DPCC to give the Appellants an opportunity of hearing to the

Appellants before passing the impugned decision. However, no

opportunity whatsoever was granted by the DPCC to the Appellants to

defend themselves before passing the SCN as well as the directions

dated 29.07.2019.

5. The above-mentioned facts and circumstances clearly show that the

entire exercise of issuing directions dated 29.07.2019 which

ultimately led to the passing of the Impugned decision and sealing of

the Clinic of the Appellant, was vitiated by arbitrariness, non-

application of mind and violation of the principle of natural justice.

6. It is imperative to mention herein that due the sealing order dated

02.09.2019 passed by the SDM in respect of Plot No.3A, Khanpur,

M.B. Road, New Delhi-1100062, the Appellant is unable to run to his

Clinic/Health Care facility from the said premises for the last 3

months. A huge loss of work and livelihood has been caused to the

Appellant due to the above-mentioned sealing. It is submitted that due

to the closure of the Appellant’s Clinic/Health Care facility the

Appellant is facing huge financial losses and has been put under

severe financial burden.

 7. In view of the above facts and circumstances, it is submitted that an

early hearing may kindly be granted by the Hon’ble Authority in the

captioned matter and the same may kindly be listed within a time

period of one week (i.e. before 22.12.2019) from the date of filing of the

present application, keeping in view the above-mentioned reasons.

8. That the present application is being made bona fide and in the

interest of justice. It is submitted that grave prejudice and irreparable

harm would be caused to the Appellant if the present application is

not allowed.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Authority may be

pleased to, inter-alia: -

a. To kindly grant a hearing within a time period of one week (i.e. before

22.12.2019) from the date filing of the present application.

b. Pass any other order in favor of the Appellant that this Hon’ble

Authority may deem appropriate in the facts and circumstances of the

case.

APPELLANTS

THROUGH

(ASHISH KOTHARI)
New Delhi ADVOCATE FOR THE APPELLANTS
Date: