Can villagers stop a biomedical waste plant that already holds its environmental clearance and pollution board consents? Not for now, the Allahabad High Court has indicated, directing the Muzaffarnagar administration to let the plant run and warning that thwarting such investments would make Uttar Pradesh an investment-unfriendly State.
Prayagraj: The Allahabad High Court has made the District Magistrate and the Senior Superintendent of Police of Muzaffarnagar responsible for ensuring that a biomedical waste treatment facility at Village Makhiyali operates without “let, hindrance or obstruction” from local residents or third parties, until further orders. The interim direction came on a writ petition filed by the operator, which said villagers were opposing the plant [M/s Rudra Waste Management Pvt. Ltd. and Another v. State of U.P. and Others].
A Division Bench of Justice J.J. Munir and Justice Vivek Saran passed the order last week while issuing notice on the petitioners’ application for interim relief. The matter is listed for further orders on November 26.
“Investment unfriendly State”
The Bench noted that the operator had invested substantial money after securing clearances from the UP Pollution Control Board and the Ministry of Environment and Forest, and observed that setting up a factory involves huge investment. It cautioned:
“…not only would the petitioner be ruined, but a bad example would be set in the State of Uttar Pradesh that investments made after necessary clearance of authorities can be thwarted at the whim of local residents of the village. It would all go to make the State an investment unfriendly State.”
It then directed:
“Until further orders of this Court, it shall be the duty of the Senior Superintendent of Police, Muzaffarnagar, and the District Magistrate, Muzaffarnagar, to ensure that the petitioner runs his Biomedical Waste Treatment Facility … without any let, hindrance or obstruction by respondent nos. 5 to 15 or any other resident of the village or any third party, in any manner whatsoever.”
The Chief Judicial Magistrate, Muzaffarnagar, was asked to communicate the order to the District Magistrate and the SSP within 24 hours. The direction is interim. The villagers named as respondents are yet to be heard on the merits, and the Court has not finally ruled on their pollution concerns or on the validity of the clearances.
The clearances on record
According to the UP Pollution Control Board, the operator obtained environmental clearance from the State Level Environment Impact Assessment Authority on June 28, 2024. The Board then granted a conditional No Objection Certificate for establishing the facility on December 18, 2024, and conditional consent under the Water and Air Pollution Control Acts on May 18, 2025, valid until December 31, 2029.
A public hearing chaired by the Additional District Magistrate (Administration), Muzaffarnagar, was held at the industrial site in July 2021, the Court was told, and residents of nearby villages took part. Villagers later complained to the District Magistrate that the facility had come up without considering their interests. An inquiry by the Sub-Divisional Magistrate, Sadar, recorded that they opposed the plant because of pollution concerns and wanted it closed.
Why the order matters
Biomedical waste plants are essential to hospitals and public health, yet they often face local resistance once built. The order signals that where statutory clearances and a public hearing are in place, local opposition must be raised through lawful channels rather than by stopping operations on the ground, and it places the duty of maintaining order squarely on the district administration and police. How the Court balances the operator’s clearances with the villagers’ environmental complaints will become clearer when it takes up the matter again on November 26.
Case Title: M/s Rudra Waste Management Pvt. Ltd. and Another v. State of U.P. and Others (respondents and case number to be verified)
Bench: Justice J.J. Munir and Justice Vivek Saran, High Court of Judicature at Allahabad
Date of Order: November 2026, last week (exact date to be verified)
Next Date: November 26, 2026
