Kerala High Court
P.D.Joseph vs Secretary on 17 January, 2011
Author: Pius C.Kuriakose
Bench: Pius C.Kuriakose, N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21217 of 2009(S)
1. P.D.JOSEPH, EDITOR ZEEZER NEWS,
... Petitioner
Vs
1. SECRETARY, THRISSUR CORPORATION
... Respondent
2. DISTRICT COLLECTOR, THRISSUR
3. SECRETARY LOCAL SELF DEPARTMENT,
For Petitioner :SRI.P.D.JOSEPH (PARTY IN PERSON)
For Respondent :SRI.ASOK M.CHERIAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :17/01/2011
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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W.P.(C).No. 21217 OF 2009
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Dated this the 17th day of January, 2011
JUDGMENT
Pius C.Kuriakose, J.
The petitioner, the editor of a Monthly by name " Zeezer News" published on Thrissur, claims to be a human rights activist. According to him, he works for upliftment of the people who are struggling for their livelihood and for protecting the rights of the people who are living in misery. He has instituted the writ petition as public interest litigation for providing basic amenities and emergent medical relief to the pollution ridden people of Laloor area within the Thrissur Corporation. The prayers in the writ petition, which contain details regarding hardship that is being suffered by the people due to the unscientific manner in which waste and garbages of the Corporation are being disposed of at Laloor, are ;
1). Appointing the Thrissur Principal District Judge to inspect the affected parts of WPC.No.21217/2009 2 Laloor and file a report regarding his findings.
2). Directing the first and second
respondent to urgently implement the
installation of one incinerator for every one of the 52 wards of Thrissur Corporation. And to take steps to instal biogas producing units Recycling units, electricity generated from solid waste and composite plant in and around Thrissur Corporation.
3). To produce all the accounts regarding the expenditure incurred by the Corporation in disposing of garbage and waste.
4. To provide free medical check up including blood test, scanning, water testing and also provide medicines to infected people and to direct the District Collector to show cause as to why he has not visited Laloor.
2. The respondents in the writ petition to begin with were only the Secretary of the Corporation (R1), The District WPC.No.21217/2009 3 Collector, Thrissur (R2) and the Secretary Local Self Department (R3). Later one T.K.Vasu, (Chairman of the Laloor Anti Pollution Agitation Front) was impleaded as additional R4 and the Construction Supervision Engineer of M/s.Ramkey Enviro Engineers Limited, Thrissur, the Environmental Engineer, Kerala State Pollution Control Boar, the Executive Director, Suchitwa Mission, Local Self Government Department, and KSUDP represented by the project Manager were impleaded as additional respondents 5, 6,7 and 8 at various stages.
3. The counter affidavits and reports have been filed in this case by some of the respondents and interim orders have been passed by this court at various stages of the writ petition. In the manner in which the writ petition being disposed of, we do not propose to refer to the pleadings or the reports in minute details.
4. During July 2009, due to torrential rain, there was an accidental outflow of water from the existing waste dump at Laloor waste dumping yard which impacted nearby residents and their wells. The writ petition was filed in the backdrop of the said situation. This court took serious note of the situation and WPC.No.21217/2009 4 allowing the 1st prayer in the writ petition, sought for a report of the District and Sessions Judge. On the basis of that report, this court directed the Thrissur Municipal Corporation to take immediate remedial measures and submit report. The Corporation brought to the notice of this Court that a major project intended to manage solid waste disposed in Laloor was underway. It was submitted that the project was part of the Kerala Sustainable Urban Development Project (KSUDP), which is being implemented in the five cities in Kerala with the funding of the Asian Development Bank. Responsibility for implementing the project on behalf of KSUDP is on Project implementation Unit (PIU) of KSUD at Corporation level, headed by a Project Manager and assisted by a Technical Officer. The Project Manger of PIU invited tenders by National Competitive Bidding (NCB) procedure to carry out the works connected with the project and he executed an agreement with the successful bidder viz. M/s. Ramkey Environment Engineers Ltd. And Ramkey infrastructure Ltd. Consortium. The above agreement was executed on 6/3/2008. The project consists of three components viz. (1) Treating waste being collected WPC.No.21217/2009 5 every day (2) Capping the waste already dumped since middle of 1960s and (3) Developing land for Engineered Land Filling. In addition to this, the project includes programme for localised segregation as well as localized disposal of waste. Local people under the leadership of the 4th respondent were against implementing the project in full, especially in-situ capping of the waste already dumped. They wanted the waste already dumped to be removed from the site which was opposed by the Suchitwa Mission. According to Suchitwa Mission, it was not advisable to disturb the waste dumped in the site since last several years. Instead, Mission in its report already submitted in the above Writ Petition has suggested to cap the waste in the manner envisaged in the project. This court by interim orders allowed the Corporation to proceed with the project, if necessary with the aid of the police and to complete the works without delay. Progress of the works connected with the project is being reported to this court periodically. This court however, at a certain stage of proceedings, appointed a Mediator-Conciliator to resolve the apprehensions of the local public and the 4th respondent. The Mediator after due deliberation has filed a WPC.No.21217/2009 6 report before this court.
5. Summary of the Conciliators report of 27/2/2010 is as follows;
1. Municipal Solid Waste (M.S.W.) segregation to bio degradable and non biodegradable shall be done at source separately. Collection buckets to be distributed with necessary direction through public awareness programmes, seminars, pamphlets, media clippings, T.V. Net works etc. apart from strict directions with penalty clauses to flat owners/occupiers.
2. Eco friendly bags, containers, packages etc. shall be made by engaging Kudumbasree workers and the usage of same shall be insisted by avoiding plastic carry bags etc.
3. Bio degradable waste shall be taken to Zonal Treatment Plants. 10 such plants of 10 tones capacity each shall be installed at 5 different zones to enable decentralisation as per WPC.No.21217/2009 7 M.S.W. (M&SH) Rules 2000 and one installed as pilot project by six months away from Laloor.
4. Government Committee shall be organised as per clause (iv) of the G.O. Dated 11/12/2009 to implement the same.
5. Plastic shredding unit and recycling unit shall be installed in a zonal unit away from Laloor.
6. Earth mixed solid waste can be removed if possible for using it without Pollution. Hand filing shall be done in the alternative as per advisory committee suggestions.
7. Health awareness by medical health card supply system and remedial measures by re constructions of damages by waste seepage shall be effected at the earliest.
6. It is seen from the above conciliator's report that the above recommendations are submitted on the basis of a consensus arrived at between everybody who participated in WPC.No.21217/2009 8 proceedings before the conciliator including the petitioner in the writ petition.
7. After the consensus was arrived at on 27/2/2010 in the conciliation proceedings, the organization of the 4th respondent approached the Chief Minister of the State expressing its dissatisfaction on the project which is underway. The Chief Minister convened a conference of all concerned, at Thiruvananthapauram on 29/3/2010. In that conference the 4th respondent presented a project report prepared by Dr.Pathiyoor Gopinath of Kerala Agricultural University in consultation with the 4th respondent organization. The 4th respondent insisted that the project report prepared by Pathiyoor Gopinath being implemented in stead of the project under way. The conference of Chief Minister was concluded deciding to have another conference on 6/4/2010 in the conference hall of the Chief Minister at the Secretariat. It was also decided that Dr.Pathiyoor Gopinath will be invited to attend the conference. Minutes of the meeting dated 29/3/2010 is produced as Annexue I in the action taken report submitted on behalf of the Thrissur Corporation on 9/11/2010. WPC.No.21217/2009 9
8. In the next conference, which was held on 6/4/2010, Dr. Pathiyoor Gopinath attended and explained his project. The total cost of the project was estimated at Rs.9,40,000/-. The conference decided to accept and implement the project proposed by Dr.Pathiyoor Gopinath. The Government issued an order dated 14/5/2010 directing the Corporation to execute the agreement with the University accepting the University as an Implementing Agency and appointing Dr.Pathiyoor Gopinath as the Implementing Officer.
9. On receiving the provisional approval of Suchithwa Mission for the project subject to certain conditions, the Government issued another order dated 2/7/2010 directing the Corporation to pay 10% of the total estimated expenses of the project to the Kerala Agricultural University as advance from the KSUDP Fund. By order dated 26/8/2010 the Government accorded sanction to the Corporation to transfer 10% of Rs. 9.40 Crores to Agricultural University as first instalment to implement the project. Pursuant to the above said directives of the Government, the Corporation has already signed an agreement dated 28/8/2010 with the Kerala Agricultural WPC.No.21217/2009 10 University accepting the University as Implementing Agency of the "Laloor Model Project for Solid Waste Management (LAMPS) and appointed Dr. Pathyoor Gopinath as its Implementing Officer. Annexure VI is the the action taken report submitted by the Corporation on 9/11/2010. It is submitted that the Corporation has already transferred 94 Lakhs from the ADB Fund received by them for implementing KSUD project to the Kerala Agricultural University as the first instalment on 28/8/2010 when the amount was made available by the KSUDP.
10. It was submitted before me by Sri.Ashok M. Cherian, the learned standing counsel for the Thrissur Corporation, that the Corporation shall implement Annexure VI project report approved by the Government and that implementation of the above project report (LAMPS) shall be to supplement the existing project of KSUDP. The learned Government Pleader also assured us that the Government will ensure by issuing proper direction whenever necessary that LAMPS project approved by the Government is implemented by all concerned. The learned counsel for the additional respondents 5 and 7 also submitted that whatever necessary from their side for implementing the WPC.No.21217/2009 11 project and alleviating the grievances of the citizens of Thrisur Corporation especially in Laloor area will be done. Sri.P.D.Joseph, the petitioner appearing in person would suggest further specific directions, many of them beyond the scope of the prayers in the writ petition to be issued. We do not think it is necessary to do so.
11. Having scanned the materials placed on record and considered the submissions addressed at the Bar, we are convinced that the Thrissur Corporation and the State Government are acting in earnestness to contain the serious problem which have arisen over decades in Laloor and other parts of the Thrissur Corporation resulting from absence of scientific method for disposal of waste and garbage. We dispose of the writ petition issuing the following directions to respondents 1, 2 and 3;
Respondents 1, 2 and 3 will ensure that Annexure VI project produced by the Corporation of Thrissur along with their action taken report dated 9/11/2010 is implemented without fail in the manner proposed therein subject to orders already passed by the Government in the context of that report. Those WPC.No.21217/2009 12 respondents are also directed to ensure that KSUD project of additional 7th respondent Suchithwa Mission is also implemented to the extent it does not conflict with Laloor Project. They are also directed to implement the proposals made by the Conciliator appointed by this court to the extent necessary in the light of Laloor project and KSUD project. The additional 6th respondent is directed to conduct monthly inspection of the affected area(Laloor) and submit his report to the Principal District Judge, Thrissur regarding the progress in implementation of the project. The learned District Judge, Thrissur in turn is directed to submit half yearly reports to this court based on his visit to the affected areas.
The Writ Petition is disposed of accordingly.
PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk