MADURAI: Striking a balance between public interest and a private company's right to conduct business, the Madurai Bench of Madras High Court recently granted relief to a private company in Virudhunagar, which is involved in biomedical waste management, on the condition that the company should ensure strict compliance of safety standards and the welfare of the surrounding villages.
Justice GR Swaminathan, who passed the order, also directed the Virudhunagar district administration to conduct a safety audit to measure pollution levels caused by the company. "If any loss or injury on account of the petitioner's activities is established, it is the duty of the administration to ensure that the petitioner appropriately compensates for the same," he said.
The order was issued on a petition filed by Re Sustainability Health Care Solutions Ltd (previously known as Ramky Energy and Environment Ltd), situated at Mukkulam in Tiruchuli taluk of Virudhunagar, seeking free access through all public roads leading to its factories. The company collects biomedical wastes from five districts -- Madurai, Virudhunagar, Theni, Dindigul and Ramanathapuram -- and treats the wastes at its treatment and disposal facility in Mukkulam.
However, on January 19, 2023, a plastic packet containing an amputated limb had fallen on the road allegedly from the company's vehicle while crossing Mudukkankulam, a nearby village. This caused the villagers of Mukkulam, Mudukkankulam and S Maraikulam, among others, to conduct a road roko, demanding permanent closure of the unit citing health and environmental issues.
The judge noted that the petitioner company is the sole agent that collects biomedical wastes from the above five districts and stopping the waste collection would lead to an intolerable situation. Moreover, the right to carry on business is guaranteed by the Constitution, he pointed out. "We are a democracy governed by the rule of law. A mob cannot hold any person, even a disliked business entity, to ransom," he observed.
But, at the same time, the right of the villagers to a clean environment cannot also be lost sight of, the judge opined. To avoid a repetition of the January incident, the judge imposed a series of conditions on the company regarding the collection, transportation and disposal of biomedical wastes.
It further directed the Tamil Nadu Pollution Control Board (TNPCB) to establish a grievance cell and display its details at all healthcare facilities in and around the disposal facility. When the petitioner's request for renewal of the license of the company is considered, the authorities would certainly associate the villagers in the process, he added.