The court has held that such hospitals would be ordered to close down in case they failed to comply with the bio-medical waste management rules within the stipulated time.

A division bench of Chief Justice Swatanter Kumar and Justice J P Devadhar passed the order based on a report on bio-medical waste (BMW) management submitted to the court last week by two court-appointed commissioners.

The court ordered MPCB to issue notices to M A Podar Hospital and Dinshaw Petit Animal Hospital, which are neither registered with MPCB nor have taken any steps to comply with the rules.

“Issue notices to these hospitals in two days and they should not be permitted to function if they don’t comply within four weeks,” chief justice Kumar told the MPCB.

The court also directed MPCB to issue notices to two of the biggest hospitals-J J Hospital and KEM hospital-and Oshiwara Maternity Home, Bhagwati Hospital, Sarvodaya Hospital in Chembur and Eye Hospital at Kamathipura “to remove all shortcomings and improve performance within 6-8 weeks”.

“In case of non-compliance, court shall take action including, prosecution of senior most officials of the hospital,” Chief Justice Kumar said.

The counsel appearing for Bombay Hospital assured the court that they will comply with the rules within the stipulated period.

The court also rapped the MPCB for inaction. “Why can’t you do some actual groundwork instead of issuing notices,” Chief Justice Kumar told the MPCB.

The HC appointed-court commissioners Shiraz Rustomjee and Uday Warunjikar, after inspecting 40 government and private hospitals in the city, stated that there was insufficient compliance of bio-medical waste rules.

Rustomjee informed the court that while some of the hospitals had reasonably good levels of compliance, others were extremely poor in their disposal system.

“There are chances of the materials being recycled and spreading of infection,” Rustomjee said.

Warunjikar informed the court that the Oshiwara Maternity Home, Bhagwati Hospital, Eye Hospital were not complying with the rules.

The HC had appointed the court commissioners on November 1, 2007 to inspect the hospitals while hearing public interest litigations filed by Consumer Welfare Association and Mumbai Medwaste Action Group.

Advocate Rajiv Chavan appearing for CWA told the court that 1,800 hospitals in the state were not registered with the MPCB.

In their recommendations, the commissioners have suggested action against erring staff members. “The issue of BMW is not being taken as seriously by the staff and administration of the hospitals as it should be. We did not come across a single case where any action was taken by a hospital against staff found to be violating BMW rules,” the report says.