National Green Tribunal
Jith Kumar vs State Of Kerala Represented By Its Chief ... on 21 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.10 to 13:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 442 of 2013 (SZ)
With
Original Application No.20 of 2017 (SZ)
With
Original Application No.276 of 2017 (SZ)
With
Original Application No.77 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Jith Kumar
...Applicant(s)
Versus
The State of Kerala and Ors.
...Respondent(s)
With
Abdul Bhasheer
...Applicant(s)
Versus
Kochi Municipal Corporation and Ors. .
...Respondent(s)
With
Lawyers Environmental Awareness Forum
...Applicant(s)
Versus
1
State District Environment Impact Assessment
Authority, Trivandrum & Ors.
...Respondent(s)
With
Suo Motu proceedings initiated based on a letter
Received from Justice A.V. Ramakrishna Pillai,
Former Judge, High Court of Kerala, Chairman,
State Level Monitoring Committee, kerala.
Versus
The Chief Secretary, Government of Kerala,
Thiruvananthapuram & Ors.
...Respondent(s)
Date of hearing: 21.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
Original Application No. 442 of 2013 (SZ)
For Applicant(s): Mr. Varghese K. Paul
For Respondent(s): Mr. E.K. Kumaresan for R1
Mr. Ashik Ahamed for Mr. G. M.Syed Nurullah
Sheriff for R2
Ms. Nivedita S. Menon for Ms. V.K. Rema
Smrithi for R4
Mr. S.Sai Sathyajth for R5
Original Applicaiton No.20 of 2017 (SZ)
For Appellant(s): Mr. Varghese K. Paul
For Respondent(s): Ms. Nivedita S. Menon for Ms. V.K.Rema
Smrithi for R2
Ms. Jayalakshmi for Mr. D.S. Ekambaram for
R3
2
Mr. Sarvanan for Ms. Vidhyalakshmi Vipin for
R4
Mr. E.K. Kumaresan for R6 and R9
Ms.Me. Saraswathy for R7
Original Application No. 276 of 2017 (SZ)
For Applicant(s): Mr. Varghese K. Paul
For Respondent(s): Mr. Sarvanan for Ms. Vidhyalakshmi Vipin for
R1
Ms. Jayalakshmi for Mr. D.S. Ekambaram for
R2
Mr. E.K. Kumaresan for R3, R5 and R9
Ms. Nivedita S. Menon for Ms. V.K.Rema
Smrithi for R6
Mr. Mathew Skaria for R7
Ms. Ojas shivkumar for Mr. M.R. Gokul
Krishnan for R8
Original Application No. 77 of 2021 (SZ)
For Applicant(s): Suo Motu
For Respondent(s): Mr. E.K. Kumaresan for R1 toR3, R5 and R7
Mr. S. Sai Sathyajith for R2
Ms. Nivedita S. Menon for Ms. V.K.Rema
Smrithi for R4
Mr. Abufakar for R8
Mr. S. Jamal for R10
Mr. Sarath for R13
Mr. T.K. Ajit Kumar for R14
3
ORDER
1. All these cases are relating to the pollution caused on account of non-
disposal of the legacy waste that is lying in Brhampuram Dumpyard managed by the Kochi Municipal Corporation. Several directions have been issued by this Tribunal for implementation of the Solid Waste Management Rules, 2016 and also disposal of the legacy waste by the earlier orders.
2. As per order dated 10.11.2020, this Tribunal had considered the status report submitted by the Pollution Control Board dated 17.07.2020 which was extracted in para 3 of the order and passed the following order:
6.It is seen from the report submitted by the Kerala State Pollution Control Board that since no action was taken by the Corporation they have already decided to initiate prosecution under the Environmental Protection Act, and they would be taking steps to file a complaint before this concerned court against the officials who are responsible for non-compliance of the provisions of the Solid Waste Management Act, 2016 and the disaster caused on account of the same.
7. They have also mentioned in the report that they had already assessed the environmental compensation, show cause notice had been issued as to why that much amount should not imposed as an environmental compensation against the Corporation and if some time is granted, they may be able to come with the further action taken report in this regard.
8. It is seen from the report submitted by the Corporation that they are taking some steps for construction of Leachate Management and also setting up proper Solid Waste Management Facilities within the area.
They have extracted the relevant rules, under the Solid Waste Management Rules, 2016 enumerating the procedures as to how these things will have to be handled. But quite unfortunately it is not what is the required from the Corporation, but how this is being implemented in their area in its letter and its spirit. The action taken from the side of the Government is also not encouraging. Though as per the earlier reports, they have taken over this task invoking the provisions of Disaster Management Act, 2005 but the action that is being taken for the purpose of meeting the situation does not appear to be in the swift manner in which it has to be done to 4 meet the disaster that has been caused on account of non-disposal of the legacy waste in the dump yard, which is having an extent of more than 100 acres in a very covetable area of Ernakulam district. If it is properly disposed in a scientific manner as directed by this Tribunal by doing bio- mining and the segregation process in an effective manner, they can retrieve large extent of land which can be utilised for other profitable purposes by the Corporation. Further, on the basis of the report submitted by Justice A.V. Ramakrishna Pillai, former Judge of Kerala High Court and the Chairman of the State Level Monitoring Committee appointed by the Principal Bench in O.A. No. 606 of 2018. The Principal Bench has taken a Suo Motu case as O.A. No. 514 of 2019 and as per order dated 16.09.2020 the following order has been passed:
"7. From the above, it is clear that there is no meaningful action taken, as required under the law. There is serious dereliction of duties of the State authorities under the „Public Trust Doctrine‟ to provide pollution free environment. No meaningful coercive measures have been adopted as expected from the State PCB as a regulator. The local bodies as well as the Urban Development Department have failed to take effective steps in the matter. We record our disapproval for the lack of sincerity and sensitivity of the authorities to the health of the citizens on flimsy grounds. There is non compliance of orders of this Tribunal dated 28.2.2020, quoted earlier. Not even compensation has been recovered, as directed nor action taken against erring officers by way of entry in their ACRs. Under the NGT Act, 2010, violation of orders of this Tribunal is criminal offence, apart from an executable decree which can be enforced even by directing detention of violators in prison till compliance. This course of action may have to be considered even against highest erring officers, if the default continues. It is unfortunate that the State and its senior officers should not obey the law of the land. The Tribunal expects the State to enforce the law.
8. In view of above, we direct the Chief Secretary, Kerala to take the matter seriously and take remedial action by constituting a three member team of Secretary, Urban Development Department, Chairman, State PCB and concerned Municipal Commissioner. It should not be difficult, if there is willingness, to tackle the problem. Failure of the State Authorities in this regard is at the cost of public health of the citizens which a welfare State can ill afford. The Chief Secretary, Kerala may personally monitor the compliance of these directions atleast on monthly basis and record the proceedings. The Chief Secretary may further direct that if the targeted actions are not taken, the erring officers will not be entitled to draw their salaries from a specified date till compliance. The Chief Secretary, Kerala may file his personal affidavit giving information about commencement of work relating to remediation of legacy waste site(s) and waste processing plant to handle day-to-day waste generation to avoid creation of legacy waste dump site before the next date by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
List again on 21.01.2021.
A copy of this order be forwarded to the Chief Secretary, Kerala by e-mail for compliance."
9. The Principal Bench has also expressed its displeasure in manner in 5 which the State Government is dealing with the issue and directed the Chief Secretary of Kerala to take the matter seriously and take remedial action while constituting a three member team comprising of the Secretary, Urban Development Department, the Chairman of Kerala State Pollution Control Board and concerned Municipal Commissioner and directed to take action against the remedial situation and remove the legacy waste that is already accumulated in that area. The Chief Secretary was also directed to monitor the progress of the work personally and submit the status report by himself by filing an affidavit and posted the case to 21.01.2021 for that purpose.
10. Since the Principal Bench has already taken cognisance of the matter and issued directions to the Chief Secretary to monitor the issue and take remedial measures in a war-footing and submit a report, we feel that that there is no necessity to issue further directions, but we need only see that the directions issued by the Principal Bench is being implemented in its letter and spirit and monitor the progress of the work done by the committee appointed by the Principal Bench and also the respective regulating authorities namely, the Corporation and the Kerala State Pollution Control Board to see that the provisions of the Solid Waste Management Rules, 2016 are strictly implemented and legacy waste is now accrued in that area is being disposed in a scientific manner at the earliest. 1
1. Though we directed the District Collector to submit a report by the earlier orders as to what are the steps taken by him as District Magistrate under rule 12 of Solid Waste Management Rules, no such report has been filed by him in the matter. Further, though he was designated as the officer to implement the Disaster Management Act, 2005 to deal with the matter, in that capacity also no separate report has been filed by him as to what are the steps taken by him to abate the nuisance that is being caused on account of large scale accumulation of waste without proper disposal as has been envisaged under section 133 of the Code of Criminal Procedure as a District Magistrate apart from exercising his power strictly under the Disaster Management Act, 2005 whose provision has been invoked for the purpose of dealing the issue.
12. So, the District Collector, Ernakulam is directed to file a detailed report regarding the steps taken by him to resolve the issue which is happening within his jurisdiction, since 2012 when the Writ Petition was filed before the Hon‟ble High Court of Kerala and thereafter, it has been transferred to this Tribunal and pending before this Tribunal since 2013. If the District Collector does not file the report as directed, then he will have to face the consequences of the non -compliance of the directions given by this Tribunal under Section 25 of the National Green Tribunal Act 2010.
13. The Kerala State Pollution Control Board, the Cochin Corporation and the District Collector and the State Government are directed to file their independent reports to this Tribunal regarding the progress of the work that is being carried out in disposing the legacy waste already accumulated in Brahamapuram Solid Waste Management Facility.
14. We feel that it is better to post the case beyond the date posted by the Principal Bench, so that we will get a clear picture and also further directions to be given by the Principal Bench in this regard which this 6 Bench can implement in an effective manner.
15. The State Level Monitoring Committee is also directed to submit a report to this Tribunal regarding the present status of the action taken by the authorities for disposal of the legacy waste that is being accumulated in that area apart from implementation of the Solid Waste Management Rules, 2016 in Ernakulam District.
3. The case was originally posted to 09.02.2021 for filing of further reports.
Thereafter, the matter has been adjourned from time to time by successive notifications and lastly it was adjourned to today by notification dated 03.06.2021.
4. When the matter came up for hearing today Mr. Varghese K. Paul, represented the applicant in O.A. No. 442/2013, O.A. No. 20/2017, O.A. No. 276/2017. Mr. E.K. Kumaresan represented 1st respondent in O.A. No. 442/2013, respondents 6 and 9 in O.A. No. 20/2017, respondents 3, 5 and 9 in O.A. No. 276/2017 and respondents 1 to 3, 5 and 7 in O.A. NO.
77/2021, Mr. Ashik Ahmed represented Mr. G. M. Syed Nurullah Sheriff for 2nd respondent in O.A. No. 442/2013, Ms. Nivedita S. Menon for Ms. V.K. Rema Smrithi represented 4th respondent in O.A. No. 442/2013, 2nd respondent in O.A. No. 20/2017, 6th respondent in O.A. No. 276/2017 and 4th respondent in O.A. No. 77/2021, Mr. Sarvanan for Ms. Vidhyalakshmi represented 4th respondent in O.A. No. 20/2017 and 1st respondent in O.A. No. 276/2017, Ms. Jayalakshmi for Mr. D.S. Ekambaram represented 3rd respondent in O.A. No. 20/2017 and 2nd respondent in O.A. No. 276/2017, Ms. Me. Saraswathy represented 7th respondent in O.A. No. 20/2017, Mr. Mathew Skaria represented 7th respondent in O.A. 7 No. 276/2017, Ms. Ojas Sivakumar for Mr. M.R. Gokul Krishnan represented 8th respondent in O.A. No. 276/2017, Mr. Abufakar represented 8th respondent in O.A. No. 77/2021, Mr. S. Jamal represented Thrikkakkara Municipality 10th respondent in O.A. No. 77/2021, Mr. Sarath represented Vadavucode Puthercruz Grama Panchayat- 13th respondent in O.A. No. 77/2021 and Mr. T.K. Ajit Kumar represented Cheranalloor Grama Panchayat-14th respondent in O.A. No. 77/2021.
5. The Pollution Control Board has filed the updated status report dated 30.03.2021 which reads as follows:
UPDATED STATUS REPORT FILED BY THE CHIEF ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, ERNAKULAM FOR AND ON BEHALF OF THE KERALA STATE POLLUTION CONTROL BOARD AS PER THE ORDERS DATED 21.01.2021 IN O A 514 of 2019 (PB), DATED 10.11.2020 IN O A 442 of 2013(SZ)/O A 20 of 2017(SZ)/O A 217 of 2017 (SZ) AND DATED 03.03.2021 IN O A 77 of 2021 I, M.A Baiju, 54 years, S/o M.K Aravindakshan, now working as the Chief Environmental Engineer, Regional Office, Kerala State Pollution Control Board, Ernakulum. I am competent to and duly authorized to represent the Board. I know the facts and circumstances of the cases. The factual submissions made here under are true and correct to the best of my knowledge, information and belief. In these circumstances, it is just and necessary that this Hon‟ble Tribunal may be pleased to accept the accompanying report on file and it is so humbly prayed in the interests of justice in this case.
1. I may humbly submit that the case against Kochi Corporation with regard to Brahmapuram solid waste dumping yard was primarily originated in the year 2012 and the Hon‟ble High Court of Kerala had transferred the WP © No.9700/2012 filed by Sri. Jith Kumar to Hon‟ble National Green Tribunal where it was numbered as OA 442 of 2013. Based on the reports submitted by various parties, the Hon‟ble NGT(SZ) through an order dated
31.05.2016 directed the Kerala State pollution Control Board to prosecute the officers concerned for consistent violations. Against this order, the Corporation had filed a Writ Petition before the Hon‟ble High Court of Kerala vide WP(C) No.24380/2016(V) for staying the above order dated 31.05.2016 in M.A No.78/2016 and in M.A No. 79/2016 in Original Application No. 442/2013 of the Hon‟ble National Green Tribunal and the Hon‟ble High Court stayed the same through an order dated 8 12.08.2016 stating that "the direction contained in the order that pollution Control Board shall take steps to prosecute the officers of the petitioner will stand stayed" which is still under pendency. Kerala State Pollution Control Board initiated steps through the Standing Counsel for vacating the stay Order. Meanwhile, two other cases were also filed before the Hon‟ble NGT in the same matter which were numbered as OA No. 20/2017 filed by Abdul Basheer and OA No. 276/2017 filed by Lawyers Environmental Awareness Forum and from there onwards, the Hon‟ble Tribunal considered these applications together and further transferred to the Principal Bench of the Hon‟ble NGT as OA Nos.533 of 2018, 534 of 2018 and 535 of 2018 respectively. Thereafter, these OAs were redirected to Southern Bench of the Hon‟ble NGT as OA Nos. 442/2013, 20/2017 and OA No. 276/2017. It may be pertinent to note that the Corporation had filed another petition against the order dated 22.10.2018 of the Hon‟ble Tribunal in OA 442 of 2013 against imposition of performance guarantee/penalty (WP© No. 36204/2018) and was granted stay order dated 09.11.2018 for 2 months which was further extended "until further orders". It is important to note that counter affidavit in WP© No. 36204/2018 has been filed before the Hon‟ble High Court against the stay order. It may also be noted that after the constitution of SLMC as per the order of the Principal Bench of the Hon‟ble NGT, the Chairman, SLMC had visited the Brahmapuram Plant on 23.02.2019 after a severe fire accident occurred on 22.02.2019 and submitted report before the Principal Bench of the Hon‟ble Tribunal dated 23.02.2019 which was taken on its own motion „Suomotu‟ and numbered as OA 514 of 2019 which was also as per the order dated 21.01.2021 transferred to Southern Bench of the Hon‟ble Tribunal where it was renumbered as OA 77 of 2021 and delivered order dated 03.03.2021.
2. I may respectfully submit that as per the order dated 10.11.2018 in O.A No. 442/2013, O.A No. 20/2017 and O.A. No. 276/2017 the Hon‟ble National Green Tribunal directed as follows, "The Kerala State Pollution Control Board, the Cochin Corporation and the District Collector and the State Government are directed to file their independent reports to this Tribunal regarding the progress of the work that is being carried out in disposing the legacy waste already accumulated in Brahamapuram Solid Waste Management Facility".
"We feel that it is better to post the case beyond the date posted by the Principal Bench, so that we will get a clear picture and also further directions to be given by the Principal Bench in this regard which this Bench can implement in an effective manner".
"The State Level Monitoring Committee is also directed to submit a report to this Tribunal regarding the present status of the action taken by the authorities for disposal of the legacy waste that is being accumulated in that area apart from implementation of the Solid Waste Management Rules, 2016 in Ernakulam District".
"The above authorities are directed to submit the report to this Tribunal on or before 09.02.2021 by e-filing along with necessary hard copies to be produced as per rules".9
"The Registry is directed to communicate this order to the Chief Secretary, State of Kerala, Principal Secretary, Urban Development Department, the Chairman, Kerala Station Pollution Control Board and the Municipal Commissioner, Cochin Corporation, District Collector, Ernakulam District and to Justice A.V. Ramakrishna Pillai, former Judge of Kerala High Court and the Chairman of the State Level Monitoring committee appointed by the Principal Bench in O.A. 606 of 2018 by e-mail immediately so as to enable them to comply with the direction issued by this Tribunal".
"For consideration of further reports, post on 09.02.2021".
On 09.02.2021 it stands adjourned to 05.04.2021.
3. It is respectfully submitted that this respondent had submitted a report explaining the updated status on 16.01.2021 before the Principal Bench of the Hon‟ble Tribunal and an order has been received dated 21.01.2021 in OA 514 of 2019, main remarks of which were as follows, "Long stories of all round failure of the administration are poor substitute for good governance required to enforce environmental rule of law for protection of public health and the environment. The fact remains that the administration is patently a failure in protecting citizens‟ right to clean environment which is in no way less important than the right to live in crime free environment. There is no meaningful action for complying with the Solid Waste Management Rules, 2016 (SWM Rules) and handling of solid waste in spite of repeated directions in the last two years. As shown from the report by the State PCB, the samples clearly show that the parameters of environment are not being met. The Municipal Corporation is still continuing un authorized operations. Work is yet to start for bio- mining. Compensation has been assessed but not recovered. Windrow composting plant is in dilapidated condition. The affidavit of the Chief Secretary does not show that any effective action has been taken on the ground. Thus, the situation is far from satisfactory. One wonders whether the officers dealing with the matter lack in competence or will their Constitutional obligation to provide clean environment to the citizens. Failure to uphold environmental rule of law is no different from maintaining law and order and protecting the citizens against crimes. Continuing violation of environmental norms is not only violation of rights of citizens but also has potential for damage to the public health. It is unfortunate that in spite of several orders of this Tribunal for the last two years the concerned officers have only paid lip service to the issue. There is thus clear governance deficit which needs to be urgently remedied at appropriate highest level in the State. There is failure to enforce environmental laws. We do hope that at least now prompt action will be taken in the matter failing which the Tribunal may have to adopt coercive measures as per law, including prosecution of concerned officers. Least expected is placing of order for execution of legacy waste bio-mining, landscaping of the area and plantation, development of bio-diversity park, rectification of the compost plant, continuous monitoring by the Secretary, Urban Development and quarterly review by the Chief Secretary".
"Let a further action taken report be filed before the next date".10
"We consider it appropriate to transfer the proceedings for further consideration of the Southern Bench. The registry may transfer the record accordingly to the said Bench".
"List for further consideration before the Southern Bench on 05.04.2021".
4. I may humbly submit that, as per the mentioned order dated 21.01.2021 of the Principal Bench of the Hon‟ble Tribunal, the Southern Bench of the Hon‟ble Tribunal renumbered the OA 514 of 2019 as OA 77 of 2021, conducted hearing on 03.03.2021 through video conferencing and stated as follows, "We feel it appropriate to direct the Kerala State Pollution Control Board(KSPCB) to file a detailed status report regarding the implementation of Solid Waste Management Rules, 2016 in respect of collection, segregation and disposal as contemplated there in and also whether the collection from each ward of the local bodies are being strictly adhered to as contemplated under the Solid Waste Management Rules, 2016 and what is the action taken by the Kerala State Pollution Control Board (KSPCB) for non implementation of the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 against the erring local bodies who have defaulted in implementing the directions of the Principal Bench of National Green Tribunal in this regard and submit the report to this Tribunal on or before 05.04.2021 as the connected cases relating to the same issue namely, Brahmapuram Waste Management facility namely, in O.A. No. 442 of 2013, O.A. No. 20 of 2017 and O.A. No. 276 of 2017 are now posted for the purpose of considering the question of the disposal of the legacy waste that is lying in the dump yard and the progress of the work that has been done by them in implementing the various directions issued by this Tribunal in the above cases as well as the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018".
5. It is respectfully submitted that this respondent specifically intimated the Hon‟ble National Green Tribunal vide report dated 16.01.2021 mentioned earlier that "a decision was taken during the meeting convened by the Chairman on 22.09.2020 for issuing of notice to Kochi Corporation regarding violations committed till date and to show cause why prosecution shall not be initiated against Corporation. Action is being taken for incorporating legal evidences in the notice for prosecution". It may be pertinent to note that legal evidence mentioned in the report are quantification of waste accumulated including legacy waste and legal samples of leachate from the windrow composting plant. This leachate generated from windrow sheds in turn flowing through damaged drains lead to temporary collection tank from which the same is said to have transferred to septage treatment plant situated nearby, also owned and operated by the Corporation. But during inspection conducted by an official from Environment Monitoring Cell headed by the Chief Secretary along with officer from the office of this respondent on 09.02.2021 showed a sad state 11 of the unit, details of which are illustrated in the report dated 26.02.2021submitted to the Chairman, SLMC. Copy of the report dated 26.02.2021 is produced herewith and marked as Annexure 1.
6. It is respectfully submitted that on receiving the report, the Chairman SLMC conducted a surprise inspection on 03.03.2021. During inspection no progress was observed and the situation was much more critical than noticed earlier. The septage treatment plant said to have been provided where the leachate reported to be treated was seen nonfunctional and the untreated sewage was seen discharged at the outlet portion of the septage plant which is a marshy area and a branch of river Chithrapuzha is flowing very near to this outlet portion. As directed by the Chairman, SLMC a consolidated report was prepared and sent on 07.03.2021. It was once again unfortunate to note that a fire accident along the plastic waste heap occurred along northeast portion of the plant on 05.03.2021. Copy of the report dated 07.03.2021 is produced herewith and marked as Annexure 2. Hence, the claim of the Corporation that they are treating satisfactorily the leachate in the above mentioned Septage treatment plant cannot be taken for granted. Though they have been asked to compulsorily install Leachate treatment plant through several meetings of the Hon‟ble SLMC, the self speaking reply from the Corporation suggested no action for revamping the ETP but some vague arguments. It may be pertinent to note that this facility was temporarily provided during Regional Monitoring Committee inspection conducted in January 2019. Copy of the letter dated 02.11.2020 by the Corporation is produced herewith and marked as Annexure 3. Here, it is worthwhile to note that the Hon‟ble Tribunal vide order dated 03.07.2020 made some adverse remarks on the facilities provided for treating the leachate temporarily which was also follows, "We find that the steps taken to be inadequate having regard to the serious adverse consequences of acknowledged unscientific handling of waste management. Suggestion „c‟ above shows that 1 lakh liter collection capacity for the leachate is nearing completion and the leachate is to be diverted to septage treatment plant. It is doubtful whether leachate can be treated in an ordinary septage treatment plant as it contains heavy metals."
At this juncture, the Corporation is liable to be proceeded against on the above findings as per the relevant provisions of the Water Act 1974 and appropriate damage assessment for continuing violations. However, samples were collected on 22.09.2020 from drains and as directed by the Chairman, SLMC on 03.03.2021 from drains and outlet portion of septage plant to assess the theoretical pollution load and intensity of the violation the Corporation is committed till date. Copy of the Analysis report on the samples collected on 22.09.2020 are produced herewith and marked as Annexure 4. It may also be noted that statutory samples were collected on 06.03.2021 from these two areas as a prelude step for initiating prosecution as per the order dated 03.07.2020 by the Principal Bench of the Hon‟ble Tribunal and as per the authorization issued by the Chairman, SPCB.
127. It is respectfully submitted that the Hon‟ble Tribunal also directed as follows "The Kerala State Pollution Control Board (KSPCB) is also directed to incorporate in their report apart from Brahmapuram, whether there are any other dumping grounds available in Ernakulam District and what is its status regarding the legacy waste and the disposal mechanism that is being adopted in such waste management facilities while submitting the report for consideration of status report by the respective local bodies and also by the State of Kerala regarding the review mechanism that is being adopted by them as directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 in respect of such issues for appreciation of the case".
and this respondent has taken serious initiatives to collect evidences from other LSGDs that are transferring their bio degradable fraction of solid waste to Brahmapuram dumping yard. These include random surveys at Corporation and 5 Municipality areas which will be completed as early as possible. Here, it is pertinent to note that a checklist for criteria score was prepared to easily assess the percentage achievement by each local body in the management of solid waste generated by them. Copy of the checklist with scoring pattern is produced herewith and marked as Annexure 5. During surveys certain details were collected from each household as to whether they are managing solid waste generated and methods adopted for such management. Though the local bodies were directed to submit specific details with evidence on MCF, MRF, number of workers engaged in door to door collection/segregation of waste, centralized/decentralized facilities as mentioned in the checklist shown in Annexure 5, no local bodies are satisfactorily or convincingly reporting such details which adversely affect data collection from such local bodies.
It is respectfully submitted that while discussing about the action plan of the State on solid waste management as per the orders of the Principal Bench of the Hon‟ble Tribunal in OA 606 of 2018, the Southern Bench of the Hon‟ble Tribunal through the order dated 03.03.2021 asked certain clarification which is as follows, "The Kerala State Pollution Control Board (KSPCB) is also directed to incorporate in their report apart from Brahmapuram, whether there are any other dumping grounds available in Ernakulam District and what is its status regarding the legacy waste and the disposal mechanism that is being adopted in such waste management facilities while submitting the report for consideration of status report by the respective local bodies and also by the State of Kerala regarding the review mechanism that is being adopted by them as directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 in respect of such issues for appreciation of the case".
8. I may humbly submit that Hon‟ble Justice A.V Ramakrishna Pillai after assuming charge as the Chairman, SLMC in the year 2019, conducted district level meetings as a preliminary step to prepare action plan to mitigate the critical situation faced in the solid waste management of almost all local bodies of the State. District Level Monitoring Committees have been formed in every district under the chairmanship of the District 13 Magistrate in which all stakeholders were met with periodically and prepared rigorous action plans. It is respectfully submitted that strict directions were given to local bodies of Ernakulam District also during several meetings of the SLMC on different occasions. Though there are certain actions initiated by the local bodies for the preliminary steps of solid waste management ie, house hold level segregation, door to door collection by „Haritha Karma Sena‟, the scientific management of the solid waste is still seems to be a herculean task as the common facilities provided by some of the local bodies are found to be as "dumpsites" only. To get a clear picture of the solid waste management scenario of Ernakulam District surveys using field staff were commenced by the Regional Officers under the jurisdiction of the office of this respondent which has gone half way only. I may humbly submit that there are 12 Municipalities in Ernakulam District having population range 14000 to 77000 and Kochi Corporation having population 677391. The list of Municipalities and details of centralized solid waste dumping areas and facilities provided are as follows, a. Kothamangalam - Population- 38822, Centralized facility is at Kumbalathumuri where dumping of mixed waste alone is practiced. Decentralized facilities are also provided at household level. Several pockets are formed as dumping areas. Not started legacy waste management.
b. Muvattupuzha- Population- 30397, Centralized facility is at the Municipal boundary where dumping of mixed waste alone is practiced. Decentralized facilities are also provided at household level. Several pockets are formed as dumping areas. Not started legacy waste management.
c. Perumbavoor- Population- 28105, Not provided any centralized plant and no scientific management of solid waste except some decentralized units. Several pockets are formed as dumping areas. Decentralized facilities are provided at household level.
d. Koothattukulam - Population- 14000, Not provided any centralized plants and no scientific management of solid waste except some decentralized units.
e. Piravom- Population- 29105, Not provided any centralized plant and no scientific management of solid waste except some decentralized units at household level.
f. North Paravur- Population- 31503, Centralized facility is at „Vedimara‟ where a small portion of biodegradable waste disposed through windrow composting. Major portion of mixed waste is dumped in the yard. Decentralized facilities are provided at household level. Several pockets are formed as dumping areas. Not started legacy waste management. g. Maradu- Population- 44704, Not provided any centralized plant and no scientific management of solid waste except some decentralized units. h. Aluva- Population- 22428, Not provided any centralized plant and no scientific management of solid waste except some decentralized units. They are transferring biodegradable fraction of their solid waste to Brahmapuram dumping yard.
i. Angamaly- Population- 33465, Not provided any centralized plant and no scientific management of solid waste except some decentralized 14 units. They are transferring biodegradable fraction of their solid waste to Brahmapuram dumping yard.
j. Thrikkakkara- Population- 77319, Not provided any centralized plant and no scientific management of solid waste except some decentralized units. They are transferring biodegradable fraction of their solid waste to Brahmapuram dumping yard.
k. Thrippunithura- Population- 69390, Not provided any centralized plant and no scientific management of solid waste except some decentralized units. They are transferring biodegradable fraction of their solid waste to Brahmapuram dumping yard.
l. Kalamassery- Population- 71038, No scientific management of solid waste except a portion of non biodegradable waste is seen processed through plastic shredder and balance is seen dumped in the yard. They are transferring biodegradable fraction of their solid waste to Brahmapuram dumping yard. Not started legacy waste management. Photographs of some of the centralized facilities are shown as Annexure 6.
9. It is respectfully submitted that the Principal Bench of the Hon‟ble National Green Tribunal has also passed orders fixing strict timeline on 10.01.2020 while considering OA No. 606/2018 and O.A. No. 519/2019 applicable to all the States as follows:
a) In view of the fact that most of the statutory timelines have expired and directions of the Hon‟ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal.
b) Legacy waste remediation was to „commence‟ from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 283 even though statutory timeline for „completing‟ the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places .Continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the 15 said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal.
10. It is respectfully submitted that a notice was served to the Secretary, Kochi Corporation assessing Rs. 13.95 Crores towards EC on 15.10.2020 which was assessed up to 30.09.2020. Though the Secretary, Corporation had submitted a reply on 02.11.2020, there was no reason for not levying the Environmental Compensation. Hence, the revised assessment was done for EC up to 31.12.2020 for Rs. 14.92 Crores and a direction under section 5 of the Environment Protection Act 1986 was issued on 13.01.2021 to remit the amount. Copy of the direction dated 13.01.2021 asking to remit EC is produced herewith and marked as Annexure 7. It is pertinent to note that directions were issued as per the section 5 of the Environment Protection Act 1986 to Aluva and Thrippunithura Municipalities also who are transferring biodegradable fraction of their solid waste to Brahmapuram Plant. Actions will be taken to assess EC against other Municipalities also after completing random surveys viz. Thrikkakkara, Angamaly and Kalamassery Municipalities. Copy of the direction issued to Aluva and Thrippunithura Municipalities are produced herewith and marked as Annexure 8 & 9. Reply received from the Secretary, Aluva Municipality is under scrutiny and no reply was received from Thrippunithura Municipality and Kochi Corporation till date but a petition was filed by the Corporation against such imposition of EC before the Hon‟ble High Court in WP© 3478 of 2021 on which a stay was granted by the Hon‟ble Court on 11.02.2021. Action is being taken to submit counter affidavit in the above mentioned case to vacate the stay order. However, on observing continuous violation in the improper management of solid waste and repeated fire accidents, a show cause notice was issued on 16.03.2021 as per the direction of the Chairman, SPCB asking explanation for not initiating legal actions including prosecution against the Secretary, Kochi Corporation. Copy of the Show Cause notice is produced herewith and marked as Annexure 10. No reply is received till date regarding this but informed vide letter dated 10.03.2021 submitted on 17.03.2021 the quantity of legacy waste deposited after conducting assessment and asking technical advice on the rate quoted by the company for the biomining of legacy waste. Since no such execution works are usually done by the Board it is difficult to address such questions and the Council can pass orders on such recommendation since specific orders are already passed by the Hon‟ble Tribunal and the works related to remediation of legacy waste is delayed a lot in the long run.
11. I may humbly present here that the declaration of the Corporation that they are in no way polluting the environment is absolutely incorrect. They have not obtained authorisation under the Solid Waste Management Rules, 2016 for the Brahmapuram Solid Waste Management Plant and the plant is at present utilizing as a dumping yard and there were several reports viz. Report of the Chairman, SLMC before the Principal Bench of the Hon‟ble Tribunal dated 23.02.2019 which was taken on its own motion „Suomotu‟ and numbered it as OA 514 of 2019 and recent reports produced by this respondent before the Chairman, SLMC which are shown as Annexure 1 & Annexure 2 which are self explanatory that they have violated the relevant 16 provisions of the SWM Rules 2016 and it may be relevant to note that the waste processing plant of the Corporation is functioning illegally from 1st May 2010 onwards (The authorization issued as per the MSW Rules 2000 become invalid on 30.04.2010) by violating the relevant provisions of MSW Rules 2000 till the commencement of the SWM Rules 2016. The Board shall take necessary follow up action in taking legal action against the Corporation for their failure to implement the SWM Rules, 2016 properly.
Dated this the 30th day of March 2021 CHIEF ENVIRONMENTAL ENGINEER
6. It is seen from the report that in spite of directions issued, the Kochi Corporation has not done any work and the status is as bad as earlier and in fact, it is likely to worsen due to the setting of monsoon and there is every possibility of leachate creation and un-treated leachate reaching the nearby river and pollute the river as well.
7. The Pollution Control Board also filed another additional report in O.A. No. 77/2021dated 17.05.2021, e-filed on 02.06.2021 and received on the same date which reads as follows:
ADDITIONAL REPORT FILED BY THE CHIEF ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, ERNAKULAM FOR AND ON BEHALF OF THE KERALA STATE POLLUTION CONTROL BOARD I, M.A Baiju, 54 years, S/o M.K Aravindakshan, now working as the Chief Environmental Engineer, Regional Office, Kerala State Pollution Control Board, Ernakulum. I am competent to and duly authorized to represent the Board. I know the facts and circumstances of the cases. The factual submissions made here under may be seen as an additional report in continuation to the report submitted on 30.03.2021 in the above mentioned OAs and are true and correct to the best of my knowledge, information and belief. In these circumstances, it is just and necessary that this Hon‟ble Tribunal may be pleased to accept the accompanying report on file and it is so humbly prayed in the interests of justice in this case.
1. It is respectfully submitted that already there were two stay orders allowing the Corporation not being proceed with 17 prosecution against the Secretary/remitting penalty or Bank guarantee (WP© No. 24380/2016 & WP© No. 36204/2018 respectively). It is important to note that counter affidavit in WP© No. 36204/2018 has been filed before the Hon‟ble High Court against the stay order and is initiating action to proceed with vacation of stay in WP© No. 24380/2016, a case on which the Hon‟ble NGT earlier delivered an order directing to initiate prosecution against then Secretary, Corporation. Actually, the Board had not seriously instigated severe actions since the Corporation had proposed waste to energy plant at that stage for which following clearances had been obtained, a. Consent to establish from Pollution Control Board dated 30/08/2018.
b. Plan approval from Factories and Boilers Department dated 18/04/2018.
c. Permission from Social Forestry Division to cut trees in the site dated 11/06/2018.
d. NOC from Aviation Department dated 13/08/2018.
e. License from District Medical Officer dated 15/03/2018. f. Clearance from the Chief Town Planner dated 06/07/2018. g. NOC from Fire and Rescue dated 29/12/2018.
h. Development permit from Vadavucode-Puthencruz GP dated 07/01/2019.
i. Environmental Clearance from SEIAA dated 05/10/2019. j. Building permit from Vadavucode-Puthencruz GP dated 06/11/2019.
2. It is respectfully submitted that though the Corporation obtained such clearances, they were not able to proceed with proposals and the Government at last taken over the projects, updated details of which are reported by the Corporation which are explained as follows, a. Biomining of legacy waste(waste lying in Brahmapuram for a prolonged period of time) A large portion of the dump site was capped in 2011 itself, and on 21/02/2019 Expression of Interest was called for capping the wastes in the dumping yard with closing date on 07/03/2019, later as per the direction of the State Level Monitoring Committee of NGT in its meeting on 06/04/2019 to bio-mine the legacy waste instead of capping, the EOIs obtained for capping were cancelled and fresh tender for bio-mining the legacy wastes was floated on 14/08/2019 after vetting of the tender document by Pollution Control Board and with closing date on 04/09/2019. As nobody participated in the tender the closing date was extended to 20/09/2019. Even then nobody participated in the tender. The work was re-tendered on 26/10/2019 with closing date on 18/11/2019; and was extended till 26/11/2019. Only one bidder participated in the tender, and the council that met on 13/12/2019 approved the bid evaluation report. Financial bid was opened on 24/11/2019 was placed before the council meeting 18 scheduled on 13/01/2020 for approval of the financial bid with quoted rate of Rs. 597/m3. The council deferred its decision. Later when the matter was placed before the special council for Brahampuram on 03/03/2020 the council again deferred its decision. Government intervened in the matter and took over the work of bio-mining the legacy waste at Brahmapuram from Kochi Municipal Corporation vide G.O(Ms)No.8/2020/DMD dated Thiruvananthapuram 05/03/2020 and assigned KSIDC to float fresh tenders after cancelling the tender floated by Kochi Corporation. On 20/03/2020 KSIDC invited tenders for bio- mining of legacy waste. As only 1 bidder was technically qualified the work was re-tendered on24/06/2020 with last date for submission on 27/08/2020. Technical bids were opened on 03/09/2020 and after evaluation the financial bid of the responsive tender was opened on 12/10/2020.Vide letter No.238/DC1/2019/LSGD dated 22/10/2020 Principal Secretary LSGD directed Kochi Corporation to examine the quantity of legacy waste assessed and rate quoted by the bidder M/s Zonta Infratech Pvt Ltd for the work of biomining of legacy waste. To examine the quantity of legacy waste, NIT Calicut was engaged as per the approval of the Corporation council held on 21/01/2021 and the survey was done on 9/2/2021.NIT Calicut conducted the survey on 9/2/2021 and has submitted the report on06/03/2021. The report is being analyzed.
b. Waste to Energy project As the concessionaire could not demonstrate and submit the financial closure or financial plan for funding the project even after 1400 days of signing the agreement, Government vide G.O (Rt) No.805/2020/LSGD Dated 30/04/2020 cancelled the approval granted to the concessionaire M/s GJ Ecopower Pvt Ltd and directed Kochi Corporation to terminate the concession agreement. KSIDC was directed to float fresh tenders for the waste to energy project. The concession agreement was terminated by Kochi Corporation accordingly. The concessionaire was also heard by the Government as directed by Hon‟ble High Court and Vide G.O (Rt)No.1064/2020/LSGD dated05/06/2020 Government affirmed that the concessionaire would not be able to implement the project even if more time is granted and directed KSIDC to go ahead with tendering of the work. New tenders for waste to energy plant were invited by MD, KSIDC on 24/06/2020(as the concession agreement signed in February 2016 was cancelled by the Government as the concessionaire could not submit the financial close) with last date for submission of bids on 04/09/2020. As only one bidder got qualified retenders were invited on08/01/2021 with closing date on 23/01/2021. Bidder has been selected. Evaluation and finalization of the tender is being done at the Government level.
3. It is respectfully submitted that the Corporation has submitted 19 a reply dated 09.04.2021 to show cause notice issued dated 16.03.2021 for which clarification was sent on 01.05.2021 to the Secretary for his immediate response. Copy of reply from the Secretary, Kochi Corporation dated 09.04.2021 and clarification from the Board are produced herewith and marked as Annexure 1 & Annexure 2 respectively.
4. It may also be noted that apart from the monitoring conducted by this respondent on 22.09.2020, sampling was done at Brahmapuram solid waste plant (Leachate) on 03.03.2021 during inspection conducted along with the Chairman, SLMC and statutory sample was collected on 06.03.2021 from the outlet portion of septage treatment plant as a prelude step for initiating prosecution as per the order dated 03.07.2020 by the Principal Bench of the Hon‟ble Tribunal and as per the authorization issued by the Chairman, SPCB. Copy of the Analysis report of effluent collected on 03.03.2021 from the leachate drain and Copy of Analysis report of statutory sample collected on 06.03.2021 from the outlet portion of septage plant are produced herewith and marked as Annexure 3. From the reports it is evident from the analysis report of the statutory sample collected from the outlet portion of septage treatment plant that there are exceedance for BOD [135 mg/L (Limit 30 mg/L)], COD [448 mg/L (Limit 250 mg/L)] etc and a coliform count of 620000 CFU/100 ml. It may also note that monitoring conducted on 03.03.2021 also showed that the results show concentration exceedance for BOD [4269 mg/L (Limit 30 mg/L)], Nitrate as Nitrogen [61.98 mg/L (Limit 10 mg/L)] , Sulphide [59.6 mg/L (Limit 2 mg/L)] etc.
5. It is respectfully submitted that the Hon‟ble Tribunal also directed as follows, "The Kerala State Pollution Control Board (KSPCB) is also directed to incorporate in their report apart from Bharampuram, whether there are any other dumping grounds available in Ernakulam District and what is its status regarding the legacy waste and the disposal mechanism that is being adopted in such waste management facilities while submitting the report for consideration of status report by the respective local bodies and also by the State of Kerala regarding the review mechanism that is being adopted by them as directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 in respect of such issues for appreciation of the case".
and this respondent has taken serious initiatives to collect evidences from other LSGDs that are transferring their bio degradable fraction of solid waste to Brahmapuram dumping yard. These include surveys at Corporation and 5 Municipality areas. Here, it is pertinent to note that a checklist was prepared to easily assess the percentage achievement by each local body in 20 the management of solid waste generated by them. Copy of the checklist with scoring pattern is produced herewith and marked as Annexure 4. During surveys certain details were collected from each household (Decentralized Methods) as to whether they are managing solid waste generated and methods adopted for such management. Though the local bodies were directed to submit specific details with evidence on MCF, MRF, number of workers engaged in door to door collection/seggregation of waste, centralized/decentralized facilities as mentioned in the checklist shown in Annexure 4, no local bodies are satisfactorily/convincingly reporting such details which adversely affect data collection from such local bodies. However, to get convincing data with respect to solid waste management of respective local bodies in a uniform manner a format is prepared and will be forwarded to every local bodies. At this juncture, it is respectfully submitted that due to severe spread of second wave of COVID-19, complete lockdown is declared from 09.05.2021 which adversely affected direct data collection from filed.
6. It is respectfully submitted that the Board shall take necessary follow up on initiating legal action against the Corporation for their failure to implement the SWM Rules, 2016 properly and the delay if any occurred to initiate actions are due to time constrains faced in allocating field staffs for conducting detailed verification of the facilities provided by each and every local bodies in the State. It is also pertinent to note that the Chief Secretary has convened a meeting of all the concerned and already formed "Environment Monitoring Cell" for the strict implementation of the Solid Waste Management Rules 2016 as well as other environment related Rules in the State. Copy of the minutes of the meeting is submitted herewith as Annexure 5 and the matter is followed up closely at Government level.
Dated this the 17th day of May 2021 Chief Environmental Engineer
8. This report also shows that the conditions are still worse and Kochi Municipal Corporation has not taken any steps to dispose of the legacy waste that is lying in Brhampuram Dumpyard and they are functioning even without getting necessary permission from the Board as required under the Rules. Quite unfortunately, there is no representation for Kochi Municipal Corporation before this Tribunal today. In fact they ought to have come out with details of the nature of work done and explain about 21 the proposal they are going to take for the purpose of mitigating the circumstances and reduce the legacy waste and make that area free from pollution and also prevent the possibility of fire incidents, which are being reported frequently. In fact the State Government had taken over the process of disposal of legacy waste in Brhampuram Dumpyard invoking the provisions of Disaster Management Act, 2005 and that was directed to be monitored by the District Collector, Ernakulam. That happened almost one year ago and in fact no improvement had been shown in the disposal of the legacy waste in that dumpyard even after the District Collector, was entrusted with the responsibility. Moreover the District Collector is supposed to take steps vested with the powers under the Disaster Management Act, 2005. The provisions of the said Act is intended for taking steps swiftly so as to mitigate the damage caused and also to have a plan to avoid such disasters happening in future as well.
The importance of the word 'Disaster' mentioned under the Act has not been strictly understood by the persons who have been now entrusted to do the work as well. The persons those who are incharge of those work will raise lame excuses of lockdown and also election for not doing this work in the manner it was expected to be done. But the State Government had failed to note the fact that the matter is pending before this Tribunal on this issue since 2012 and no effective steps have been taken either by the State Government or the Regulators including Corporation to mitigate 22 the situation and resolve the issue permanently as well.
9. It is not known as to why a literate State like Kerala is not able to adopt the best practises that the neighbouring States are adopting in dealing with such issues effectively. Though, certain coercive steps have been taken by the Pollution Control Board against the Kochi Municipal Corporation but the same has been challenged before the Hon'ble High Court of Kerala and it appears from the report, the proceedings initiated by the Pollution Control Board have been stayed by the Hon'ble High Court of Kerala. Probably, the Hon'ble High Court is only staying the coercive steps and not the direction to the Corporation for discharging their statutory responsibility to implement the Solid Waste Management Rules, 2016 in their area of jurisdiction.
10.It is also seen from the report submitted by the Pollution Control Board that the situation in other areas is also not better. The Chief Secretary has been called to the Principal Bench in O.A. No. 606/2018 and in fact in one of the occasions, Tribunal expressed its displeasure regarding the manner in which the issue is handled in State of Kerala. But in spite of that, no improvement has taken place in resolving the issue in an effective manner. However, we feel that one more opportunity can be given to Kochi Municipal Corporation and also to come with effective action taken plan for resolving the issue in an effective manner.
11.The District Collector, Ernakulam is also directed to file a detailed report 23 regarding the steps taken by them for resolving the issue, after they have been designated as a nodal officer to resolve the issue invoking the power vested under Disaster Management Act, 2005 by the Government.
12.The Chief Secretary and Principal Secretary for Environment and the Secretary for Local Administration are also directed to come with a proper and effective action plan to resolve the issue effectively, otherwise, this Tribunal will be compelled to take action against the persons, who are responsible to implement the directions issued by this Tribunal as contemplated under Section 25 and 28 of the National Green Tribunal Act, 20210. The Authorities have failed to note the fact any direction or an awarded or order passed by the Tribunal are having the character of the order passed by the civil court, which can be executed as though, it is an order of civil court. If that be the case, the procedure for execution as provided Order 21 can also be invoked by this Tribunal and necessary action can be taken against the officer, for non implementation of the direction issued by this Tribunal.
13.As regards O.A. No.77/2021 is concerned, the local bodies who have been arrayed in the case are directed to submit their independent response regarding the manner in which the Solid Waste Management Rules, 2016 are being implemented in their respective jurisdiction including the disposal of the waste that is being generated and collected and dumped in the dumpyards. They are also expected to dispose the waste that is being 24 collected and dumped in a scientific manner as provided under the Solid Waste Management Rules, 2016 and if it is not done, they will also be liable to face the consequences for not complying with the statutory rules in accordance with law.
14.Pollution Control Board as well as State Level Monitoring Committee are directed to file further updated status report of implementation of Solid Waste Management Rules and disposal of legacy waste in Kochi Corporation as directed by this Tribunal and other local bodies in the District before the next hearing date, namely, 30.07.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
15.The Registry is directed to communicate this order to the official respondents, Chairman State Level Monitoring Committee, Pollution Control Board, Chief Secretary and Principal Secretary of Environment, Local Administration for their information and compliance of the directions.
16.Chief Secretary is directed to look into the issue seriously as this issue is pending since long time without getting proper attention from the higher authorities, as a result of which such gross violations are taking place.
2517.For consideration of further reports, post on 30.07.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 442/2013(SZ)& O.A. No. 20/2017(SZ)& O.A. No. 276/2017(SZ)& O.A. No. 77/2021(SZ) 21th June, 2021. (AM) 26