Suo Motu vs State Of Kerala on 5 February, 2025

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Kerala High Court

Suo Motu vs State Of Kerala on 5 February, 2025

The Special Commissioner, Sabarimala has filed this report regarding the disposal of plastic waste accumulated near the incinerators at Sabarimala Sannidhanam, which is causing threat to wild animals. Along with the report, a report dated 29.01.2025 of the Range Forest Officer, Pamba Range, Periyar Tiger Reserve, is placed on record.

2. On 31.01.2025, when this report came up for consideration, the learned Special Government Pleader (Forest) has made available for the perusal of this Court a report dated 31.01.2025 of the 6th respondent Deputy Director, Periyar Tiger Reserve, West Division, enclosing therewith Annexures R6(a) to R6(i) photographs.

3. The Range Forest Officer, Pamba and the Beat Forest Officer, Mukkuzhi Forest Station, Pamba Range, were personally present in Court on that day. On a query made by this Court, the Range Forest Officer, Pamba submitted that the photographs made available for the perusal of this Court by the learned SSCR No.5/2025 4 / 12 SSCR No.5 of 2025 2 Standing Counsel for Travancore Devaswom Board are in respect of the yard and the area immediately surrounding the incinerators. The garbage presently at Sabarimala Sannidhanam, which includes jaggery bags, is attracting elephants quite easily.

The learned Special Government Pleader (Forest) pointed out that the consumption of plastic and jaggery bags by elephants is catastrophic from the point of view of Wildlife Management. Due to the failure of the Travancore Devaswom Board in removing garbage in a time bound manner, elephants are coming in herds and started eating the garbage including the plastic and toxic materials from 21.01.2025 onwards. As stated in the report dated 31.01.2025 of the 6 th respondent Deputy Director, on 30 th and 31st of January, different herds of elephants have reached the area where the garbage is lying. The dung of elephants shows remnants of plastic waste as evident from the photographs enclosed along with the report dated 31.01.2025 of the 6th respondent Deputy Director. The learned Special Government Pleader (Forest) also pointed out that large piles of garbage including plastic and toxic waste are also seen in the area behind Hotel Haribhavan, located at Sannidhanam, which is the waste left over by various hotels at Sannidhanam and also by pilgrims. This waste is also attracting wild animals. Wild SSCR No.5/2025 5 / 12 SSCR No.5 of 2025 3 elephants and other wildlife are seen eating waste from these areas from 21.01.2025 onwards. Additionally, on 30.01.2025, the TDB officials openly set to fire certain portions of the garbage including plastic and toxic waste causing huge pollution inside the core area of Periyar Tiger Reserve, which is plainly illegal and amounts to serious offence. In paragraph 8 of the report, the 6th respondent Deputy Director has pointed out the violation of the provisions under the Wildlife (Protection) Act, 1972, as amended by the Act of 2022.

4. In paragraph 5 of the order dated 31.01.2025, this Court noticed the submissions made by the Range Forest Officer, Pamba and the Beat Forest Officer, Mukkuzhi Forest Station, who were personally present in Court. Paragraphs 5 and 6 of that order read thus;

"5. The Range Forest Officer, Pamba and the Beat Forest Officer, Mukkuzhi Forest Station, Pamba Range, are personally present in Court. On a query made by this Court, the Range Forest Officer, Pamba would submit that the photographs made available for the perusal of this Court by the learned Standing Counsel for Travancore Devaswom Board are in respect of the yard and the area immediately surrounding the incinerators. The garbage presently piled at Sabarimala Sannidhanam, which includes jaggery bags, is attracting elephants quite easily. The learned Special Government Pleader (Forest) would SSCR No.5/2025 6 / 12 SSCR No.5 of 2025 4 point out that the consumption of plastic and jaggery bags by elephants is catastrophic from the point of view of Wildlife Management. Due to the failure of the Travancore Devaswom Board in removing garbage in a time bound manner, elephants are coming in herds and started eating the garbage including the plastic and toxic materials from 21.01.2025 onwards. As stated in the report dated 31.01.2025 of the 6th respondent Deputy Director, yesterday night and even today different herds of elephants have reached the area where the garbage is lying. The dung of elephants shows remnants of plastic waste as evident from the photographs enclosed along with the report dated 31.01.2025 of the 6 th respondent Deputy Director. The learned Special Government Pleader (Forest) would also point out that large piles of garbage including plastic and toxic waste are also seen in the area behind Hotel Haribhavan, located at Sannidhanam, which is the waste leftover by various hotels at Sannidhanam and also by pilgrims. This waste is also attracting wild animals. Wild elephants and other wildlife are seen eating waste from these areas from 21.01.2025 onwards. Additionally, on 30.01.2025, the TDB officials openly set to fire certain portions of the garbage including plastic and toxic waste causing huge pollution inside the core area of Periyar Tiger Reserve, which is plainly illegal and amounts to serious offence. In paragraph 8 of the report, the 6th respondent Deputy Director has pointed out the violation of the provisions under the Wildlife (Protection) Act, 1972, as amended by the Act of 2022.

6. Having considered the reports referred to hereinbefore and also the submissions made at the Bar, we notice that there is a serious lapse on the part of the Travancore SSCR No.5/2025 7 / 12 SSCR No.5 of 2025 5 Devaswom Board in ensuring timely removal of plastic waste, plastic jaggery bags, etc. from Sabarimala Sannidhanam. The Board has not chosen to take any action against the kuthaka holders of restaurants, light refreshment stalls, etc. who dumped garbage including plastic and other toxic materials in the area behind Hotel Haribhavan at Sannidhanam. If the garbage including plastic and toxic materials lying at Sannidhanam was set to fire openly on 30.01.2025, as stated in the report dated 31.01.2025 of the 6th respondent Deputy Director, it will amount to violation of the provisions under the Wildlife (Protection) Act. In addition to that the threat faced by the roaming wildlife at Sannidhanam, including different herds of elephants, on account of garbage, including plastic and toxic materials, requires serious consideration."

5. By the order dated 31.01.2025, the 8th respondent Environmental Engineer in the District Office of the Kerala State Pollution Control Board, Pathanamthitta was directed to depute the Assistant Engineer, who submitted the report dated 04.01.2025, or any other competent officer, to conduct an inspection at Sabarimala Sannidhanam by 01.02.2025 at 11 a.m., with specific reference to the issues pointed out in the report dated 31.01.2025 of the 6th respondent Deputy Director, Periyar Tiger Reserve (West Division) and also that pointed out in the report dated 29.01.2025 of the Range Forest Officer, Pampa Range, which is enclosed along with the report of the Special Commissioner, Sabarimala and to submit a report before this SSCR No.5/2025 8 / 12 SSCR No.5 of 2025 6 th Court, through the 8 respondent Environmental Engineer, by today (05.02.2025).

6. Pursuant to the direction contained in the order dated 31.01.2025, the 8th respondent Environmental Engineer deputed the Senior Environmental Engineer-I in the Head Office of the Kerala State Pollution Control Board at Thiruvananthapuram to conduct the inspection.

7. Today, when this matter is taken up for consideration, the learned Standing Counsel for the Kerala State Pollution Control Board has placed on record the report dated 03.02.2025 of the 8th respondent enclosing therewith Annexures R8(a) to R8(h) documents. Paragraphs 4 to 6 of that report read thus;

''4. Inspection was carried out by taking in to account the specific issues pointed out in the report dated 31.01.2025 of the 6th Respondent and also those pointed out in the, report dated 29.01.2025 of the Range Forest Officer, Pampa Range.

5. The following observations were made during the inspection, which are as follows:

a) The Jaggery bags which were heaped in a separate shed near to the incinerator (Unit 1), where the elephants had entered and was seen eating Jaggery bags in photographs attached to the letter dated 29.01.2025 of the Range Forest Officer, Pamba Range, were removed and the shed was completely empty. Photographs of the Incinerator SSCR No.5/2025 9 / 12 SSCR No.5 of 2025 7 Shed (unit 1) and the nearby Jaggery Bag Shed 1, is produced herewith and marked as Annexure R8(b),

b) It was observed that there were small piles of mixed plastic waste near to the incinerator (Unit 1). In these piles, a few empty jaggery bags are also found.

Photographs taken near to the Incinerator Shed (unit 1) is produced herewith and marked as Annexure R8(c).

c) In the open land beside the incinerator Unit 1, where it was reported by the Devaswom Board officials that biodegradable waste is put in trenches and covered, it was observed that, there was littered plastic waste on the surface. Some of this littered plastic waste was seen burning during the inspection. Ashes from previously burnt-out waste could also be seen. Photographs of the open land beside the Incinerator Unit-1, where littered plastic waste was seen burning is produced herewith and marked as Annexure R8(d).

d) Several heaps of metal scrap like roofing sheets was seen in the Incinerator premises. Photographs of the heaps of metal scrap like roofing sheets in the Incinerator premises is produced herewith and marked as Annexure R8(e).

e) The area behind/back side of Hotel Sri. Haribhavan was inspected. During the Inspection it was observed that the area is cleared of waste, however ash from earlier burnt- out waste could be seen in a trench. Photographs of the area behind/back side of the Hotel Sri.Haribhavan is produced herewith and marked as Annexure R8(f).

f) It was observed that both the incinerator sheds (shed of unit 1,shed of units 2 &3) were clean & empty. Photographs of the Incinerator shed of units 2 & 3 is produced herewith and marked as Annexure R8(g), SSCR No.5/2025 10 / 12 SSCR No.5 of 2025 8

6. It Is humbly submitted that Travancore Devaswom Board shall take urgent action to remove the remaining plastic waste near the incinerator sheds so as to ensure that wild animals, especially elephants are not attracted by the waste and happen to devour plastic waste. In view of the above, the Board had issued Letter dated 01.02.2025 directing the Secretary, Travancore Devaswom Board, Executive Engineer, Sabarimala and Asst. Engineer (Environment), Sabarimala Development Project, Pamba to take immediate action for segregation and disposal of the wastes as per the provisions contained in Solid Waste Management Rules, 2016 and to report the same to the Board. A true copy of the communication dated 01.02.2025 issued by the Board is produced herewith and marked as Annexure R8(h).''

8. The 12th respondent Assistant Engineer, (Environmental), Sabarimala Development Project, is personally present in Court.

9. The learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that the entire solid waste, at Sabarimala Sannidhanam including plastic materials, has already been removed. The plastic waste kept in sacks at Sannidhanam in various buildings will be taken to Pampa as per the suggestions made by the officials of the Kerala State Pollution Control Board. Metal scrap lying at Sannidhanam, which is being periodically auctioned, will also be removed from there, without any further delay.

SSCR No.5/2025 11 / 12 SSCR No.5 of 2025 9

Having considered the submissions made at the Bar, we deem it appropriate to direct the 12th respondent Assistant Engineer (Environmental), Sabarimala Development Project, to submit a report in the form of an affidavit, on the management of solid waste, including plastic materials, at Sabarimala Sannidhanam, during Mandala-Makaravilakku festival seasons and maasapoojas. The report dated 03.02.2025 of the 8th respondent Environmental Engineer, Kerala State Pollution Control Board shall be placed before the Board in its next meeting for consideration. An affidavit on behalf of 9 th respondent Travancore Devaswom Board shall be placed on record, within two weeks. An affidavit sworn to by the 6 th respondent Deputy Director with specific reference to the findings in the report of the 8 th respondent shall be placed on record within two weeks.

List on 21.02.2025.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE Dxy 05-02-2025 /True Copy/ Assistant Registrar SSCR No.5/2025 12 / 12 ANNEXURES IN SSCR.NO. 5/2025 ANNEXURE R6(a) TRUE PHOTOGRAPHS OF THE PICTURES OF ELEPHANTS IN HERDS CONSUMING THE WASTE MATERIALS FROM THE YARD AREA. ANNEXURE R6(b) TRUE PHOTOGRAPHS OF THE PICTURES OF ELEPHANTS IN HERDS CONSUMING THE WASTE MATERIALS FROM THE YARD AREA ANNEXURE R6(c) TRUE PHOTOGRAPHS OF THE PICTURES OF ELEPHANTS IN HERDS CONSUMING THE WASTE MATERIALS FROM THE YARD AREA ANNEXURE R6(d) TRUE PHOTOGRAPHS OF THE PICTURES OF ELEPHANTS IN HERDS CONSUMING THE WASTE MATERIALS FROM THE YARD AREA ANNEXURE R6(e) TRUE PHOTOGRAPHS OF THE PICTURES OF ELEPHANTS IN HERDS CONSUMING THE WASTE MATERIALS FROM THE YARD AREA ANNEXURE R6(f) TRUE PHOTOGRAPHS OF THE PICTURES OF ELEPHANTS IN HERDS CONSUMING THE WASTE MATERIALS FROM THE YARD AREA ANNEXURE R6(g) THE PHOTOGRAPHS OF THE DUNG OF THE WILD ELEPHANTS SEEN DEPOSITED IN THESE AREAS SHOWING REMNANTS OF PLASTIC IN THE DUNG.

ANNEXURE R6(h) THE PHOTOGRAPHS OF THE DUNG OF THE WILD ELEPHANTS SEEN DEPOSITED IN THESE AREAS SHOWING REMNANTS OF PLASTIC IN THE DUNG.

ANNEXURE R6(i) THE PHOTOGRAPHS OF THE DUNG OF THE WILD ELEPHANTS SEEN DEPOSITED IN THESE AREAS SHOWING REMNANTS OF PLASTIC IN THE DUNG.

ANNEXURE R8(a) TRUE COPY OF THE LIST OF OFFICIALS, WHO ATTENDED THE INSPECTION.

ANNEXURE R8(b) PHOTOGRAPHS OF THE INCINERATOR SHED (UNIT 1) AND THE NEARBY JAGGERY BAG SHED-1.

ANNEXURE R8(c) PHOTOGRAPHS TAKEN NEAR TO THE INCINERATOR SHED (UNIT

1).

ANNEXURE R8(d) PHOTOGRAPHS OF THE OPEN LAND BESIDE THE INCINERATOR UNIT, WHERE LITTERED PLASTIC WASTE WAS SEEN BURNING. ANNEXURE R8(e) PHOTOGRAPHS OF THE HEAPS OF METAL SCRAP LIKE ROOFING SHEETS IN THE INCINERATOR PREMISES.

ANNEXURE R8(f) PHOTOGRAPHS OF THE AREA BEHIND/BACK SIDE OF THE HOTEL SRI HARIBHAVAN.

ANNEXURE R8(g) PHOTOGRAPHS OF THE INCINERATOR SHED OF UNITS 2 AND 3. ANNEXURE R8(h) TRUE COPY OF THE COMMUNICATION NO.PCB/PTA/L/237/2025 DATED 1-2-2025 ISSUED BY THE POLLUTION CONTROL BOARD.

05-02-2025 /True Copy/ Assistant Registrar

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