The National Green Tribunal (NGT), Western Zone Bench, Pune, has directed the Maharashtra Pollution Control Board (MPCB) to submit a fresh affidavit on the status of its biomedical waste gap analysis and survey across Maharashtra. The direction came during the hearing of two applications filed by Superb Hygienic Disposal India Pvt. Ltd. on October 5, 2026. The cases concern the approval granted for a new common biomedical waste treatment facility. The applicant had questioned whether the MPCB followed the 2016 guidelines before granting Consent to Establish (CTE) to the proposed facility on March 3, 2024. During the hearing, the MPCB argued that the applicant could not seek cancellation of the consent through these applications.

 

It said such relief could only be sought through an appeal before the tribunal. Following this objection, the applicant withdrew its prayers seeking cancellation and a stay on the consent. However, it continued to seek documents showing compliance with the 2016 guidelines and a copy of the gap analysis report. The guidelines require pollution control boards to assess biomedical waste generation and check whether existing treatment facilities have enough capacity. The assessment must also consider waste generation over the next 10 years and the availability of treatment facilities within a 75-km radius. The MPCB informed the tribunal that the gap analysis was not completed before the CTE was granted. It said the Union Environment Ministry had directed it in July 2024 to complete the study and submit the report to the Central Pollution Control Board (CPCB) and the ministry.

 

The board stated that it submitted the gap analysis report on April 17, 2026. It also appointed Mumbai-based Innowave IT Infrastructures in October 2024 to prepare an inventory of biomedical waste generators across Maharashtra. The survey is expected to be completed by September 2026. The MPCB also informed the tribunal that the project has received Consent to Operate, which has not been challenged by the applicant. The tribunal noted that the MPCB had admitted that the gap analysis was not completed before granting the initial consent. It directed the board to file an additional affidavit within two weeks. The affidavit must clarify whether the gap analysis and inventory survey have been completed. The MPCB must also submit details of the Consent to Operate granted to the project. A bench comprising Justice Dinesh Kumar Singh and Expert Member Dr. Sujit Kumar Bajpayee said the applicant's remaining demands would be considered after examining the fresh affidavit. The matter will be heard next on November 23. Advocate Sumeet Bodalkar appeared for the applicant.