Pil Draft on Bio

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GROUP NO - 3
PROJECT FOR THE SUBJECT
PUBLIC INTEREST LITIGATION
PIL FOR BIO MEDICAL WASTE
SUBMITTED BY
Dhara Maisuria 09BAL030
Zeel Shah 09BAL047
Juhi Talati 09BAL051
Abha Manakatala 09BAL 089
Heli Pathak 09BAL096
Semester – VIII
B.A.LL.B. (Hons)
UNDER THE GUIDANCE OF
Mr. Rhishikesh Dave
Asst. Prof., ILNU
Submitted to
INSTITUTE OF LAW
NIRMA UNIVERSITY, AHMEDABAD

In the High Court at Gujarat,

-------------------------------------------------
Constitutional Writ Jurisdiction

In the matter of:

Articles 14, 21, 48A and 51A (g) and 226 of the Constitution of India

Ecofriendly Association, unincorporated association, Ahmedabad......................Petitioner.

versus

State of Gujarat..............................................................................................Respondent No 1. Ahmedabad Municipal Corporation. ..............................................................Respondent No 2. Gujarat State Pollution Board..........................................................................Respondent No 3.

To 

Hon'ble Mr. Bhaskar Bhattacharya, The Chief Justice and His Companion Justices of the said Hon'ble Court  Petitioner above-named respectfully shewoth: 

1. The petitioner and Indian citizen and President of Eco friendly Association ,an unincorporated Association of citizens of India in its general meeting held at Institute of Law, Nirma University, inter alias, of protecting the ecology and environment of the country with special reference, preserving the environment adhering the principle of sustainable development by proper disposal and management of biomedical waste discreted by the hospitals of the Gujarat as well as for upholding the Constitutional /Legal Rights of Indian Citizens, specially persons who are the resident nearby the hospitals. 2. The petitioner/s being students of institute of Law, Nirma University, Ahmedabad.  3. The instant application is being instituted by petitioner for and on behalf of the aggrieved persons residing nearby the hospitals storing the biomedical waste undisposed and also being a citizen of India to preserve the environment and adhering to the principle of sustainable development seeking writ/order/instruction per mandamus on the Respondents ordering them to desist from altering or destroying the environment/ecological balance of land nearby the residential area located in Haripura, Ahmedabad under the jurisdiction of the Ahmedabad Municipal Corporation for purpose of disposing off the biomedical waste left outside the hospitals or small clinics which might cause any such destruction of ecology and environment. 

4. The petitioner submits if such bio medical disposal is not done, it would cause destruction to ecology/environment of municipal area and specially the health of residential area nearby the hospitals, but it will be also against and violative of the Bio-Medical Waste (Management and Handling) Rules, 1998 and under Articles 14, 21, 48A and 51A (g) of the Constitution of India the petitioner begs leave to refer to a copy of the said provisions, at the time of hearing. 

5. The land containing such biomedical waste is owned by the Civil hospital situated at Haripur, Ahmedabad for collecting the biomedical waste viz. As defined by the Biomedical rules,1988 for the purpose of disposal of the biomedical waste categorically mentioned by the rules. However the rules specify that the biomedical waste cannot be stored more than 48 hours but the recent facts reports that the anatomical waste and sharps are stored more than 5-6 days resulting in severe destruction of the environment and ecological imbalance. It also results in deterioration of the health of the residents nearby and specially the health of the staying near that hospitals children. It is not only violating the provisions of the biomedical waste rules but also depriving the citizen...
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