Kerala High Court
Suo Motu vs Union Of India on 30 September, 2021
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 30th day of September 2021 / 8th Aswina, 1943
WP(C) NO. 17375 OF 2021(S)
SUO MOTU PUBLIC INTEREST LITIGATION PROCEEDINGS
INITIATED BY THE HIGH COURT IN THE MATTER OF POLLUTION IN
ASHTAMUDI LAKE.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY SECRETARY,
MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI - PIN - 110 001.
2. STATE OF KERALA, REPRESENTED BY SECRETARY,
MINISTRY OF ENVIRONMENT, THIRUVANANTHAPURAM, PIN - 695 001.
3. KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,
THIRUVANANTHAPURAM, PIN - 695 004.
4. DISTRICT COLLECTOR, KOLLAM,
CIVIL STATION, KOLLAM, PIN - 691 013.
5. MANAGING DIRECTOR, KTDC LTD.,
MASCOT SQUARE, TRIVANDRUM - PIN - 695 033.
6. ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (BIODIVERSITY),
FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014.
7. MEMBER SECRETARY, KERALA STATE LEGAL SERVICES AUTHORITY,
NIYAMA SAHAYA BHAVAN, HIGH COURT COMPOUND,
ERNAKULAM, KOCHI, PIN- 682 031.
8. SECRETARY, DISTRICT LEGAL SERVICES AUTHORITY,
DISTRICT COURT BUILDINGS, KOLLAM, PIN- 691 013.
P.T.O.
ADDL. R9 TO R12 IMPLEADED
9. THE DISTRICT PANCHAYAT, KOLLAM.
10. KOLLAM CORPORATION, REPRESENTED BY ITS SECRETARY.
11. KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR.
12. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT,
TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM.
ADDL. R9 TO R12 ARE IMPLEADED AS PER ORDER DATED 30/09/2021 IN WPC.
This Suo Motu writ petition again coming on for orders upon perusing the
petition and this Court's order dated 27/08/2021 and upon hearing the
arguments of SRI.P. VIJAYAKUMAR, ASSISTANT SOLICITOR GENERAL OF INDIA for R1,
SRI.V. TEKCHAND, SENIOR GOVERNMENT PLEADER for R2, R4, R6 & Addl. R12, SRI.T.
NAVEEN, STANDING COUNSEL for R3 and of SRI.SANTHOSH MATHEW, Advocate for R7 &
R8, the court passed the following:
P.T.O.
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.P.(C)No.17375 of 2021-S
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 30th day of September, 2021
ORDER
S.Manikumar, C.J.
Pursuant to the order dated 27.08.2021, Member Secretary, KeLSA has filed a statement dated 25.09.2021. Relevant portions of the same are extracted hereunder:
"4. In the above subject, the District Legal Services Authority, Kollam had already received petition and it was taken on file as PLP No.1/2018. It was considered by the DLSA. The District Hospital, Kollam and Victoria Hospital, Kollam are under the administration of the District Panchayat, Kollam. In the statement filed by the Secretary, District Panchayat, on 31.07.2018, the allegation that waste from the said hospitals was being discharged to Ashtamudi Lake was not denied specifically, but, it was stated that a scheme to construct a Sewage Treatment Plant was formed and included in the annual budget of the District Panchayat and a technical committee was formed for the purpose on 25.09.2015. According to the Secretary, 7 agencies had submitted Expression of Interest (EOI) to construct the plant and the same were submitted for the consideration of Suchitwa Mission and after obtaining technical assent from the said authority on 18.07.2018 approving the bids of M/s. Molecules Envirocare at Kayamkulam, the committee of the District Panchayat decided to start construction of the plant by entering into an agreement with the said institution and cost of the said project, which has a capacity to treat 400 Kilo Litres of waste per day, and its maintenance for a period of 10 years was stated to be Rs.2,23,97,537/-.
W.P.(C)No.17375 of 2021-S -:2:-
5. In his statement submitted on 31.07.2018, the Secretary, Kollam Corporation submitted that since waste water from the slaughter houses under the management of the Corporation was being drained to Ashtamudi Lake, functioning of the said slaughter house was stopped and a programme was started to erect a waste water treatment plant having a capacity of 30 KLD in the said slaughter house and the same is pending consideration of Suchitwa Mission. It was further stated in his report that proceedings were commenced to erect 3 Sewage Treatment Plants having capacity of 10 KLD and included in Amrit Programme for treatment of waste within the limits of Kollam Municipal Corporation, which is beneficial for 75,000 families and Rs.12.66 crores of rupees is included in the budget for the said purpose. According to him, the DPR of the said scheme has got approval.
6. Environmental Engineer reported on 04.04.2019 that district office of the Kerala State Pollution Control Board decided to conduct a sanitation survey with the help of TKM Engineering College for identifying the source of waste and polluted water to the lake and the quality of the water in the lake and conducted a discussion with the local self government institutions on the bank of Ashtamudi Lake on 06.02.2019 regarding the same because the said institutions have the responsibility to remove solid waste as per the provisions of Solid Waste Management Rules, 2016.
7. Inland Navigation Special Division, Kollam had issued notice to the Assistant Commissioner of Police, Kollam on 05.03.2019 for initiating prosecution against State Transport Department (SWTD), since they had erected a pipe directly for draining waste and other pollutants from their septic tank/waste line to the lake.
8. The Secretary, DLSA conducted a spot inspection on 26.10.2018 and ascertained the pollution in the lake. Inland Navigation Department started to remove waste from Ashtamudi Lake expending an amount of Rs. 10.57 Lakhs.
9. Assistant Divisional Commissioner and District Coordinator, Suchitwa Mission reported on 01.10.2018 that a programme to clean Ashtamudi Lake was conducted on 05th June with the assistance of more than 500 employees engaged into the collection of sea shells and with the help of the said W.P.(C)No.17375 of 2021-S -:3:- workers, 3 tonnes of plastic waste was removed on 150 country and the same was transported to the Suchitwa Scheme Programme places at Neendakara in Kollam for its recycling. It was further reported that for the recycling of plastic, plastic shredding machines and Material Collection Facility Centres are opened.
10. The District Collector, Kollam passed an order dated 20.02.2020 directing Revenue, Police, Panchayat/Municipalities/ Corporation, Pollution Control Board, Mining and Geology Departments to initiate prosecution proceedings against the persons, business concerns including hospitals and local inhabitants, who are draining pollutants, human waste and slaughter house waste to Ashtamudi and Sasthahmcotta Lakes.
11. Assistant Executive Engineer, Inland Navigation Special Division, Kollam had given notice to an individual on 29.01.2020 to stop operation of illegal slaughter house near Pallithottam Project on the bank of Kollam Thode, which joins Ashtamudi Lake. Further, on 08.10.2020, Assistant Executive Engineer of the said office gave a notice to the Commissioner of Police and Assistant Commissioner of Police to launch prosecution against the residents on the bank of Ashtamudi Lake, who are draining waste to the lake.
12. On receipt of the notice of the Hon'ble High Court in the above matter, Respondent herein, had convened a meeting of departments concerned at Govt. Guest House, Kollam on 13.09.2021 and also visited the lake. The meeting was attended by 14 persons of different departments.
13. From the discussion and on the site inspection it is revealed that the main reason of pollution in the lake is the direct dumping of sewage waste from the nearby government institutions as well as from the residential houses adjacent to the lake. The KSRTC Bus Stand is situated just 10-15 metres away from the lake. It has got a public toilet 'Sulabh' very near to the lake. The District Hospital is situated half a kilometre away from the lake. Though, it is alleged that the septage waste from the District Hospital is discharged directly to the lake, but, it was denied by the Secretary of District Panchayat. It is said that they have already cleaned the septic tanks of the hospital and disposed the sewage waste scientifically at a plant in Thiruvananthapuram. But, the fact remains is that the lake is W.P.(C)No.17375 of 2021-S -:4:- highly polluted and the present condition is very pathetic. This can be seen from the photographs attached along with this statement as Annexure A."
2. Referring to the statutory provisions under the Environment Protection Act, 1986 read with the Solid Waste (Management and Handling) Rules, 2016, the Plastic Waste (Management and Handling) Rules, 2011 (amended in 2016, 2018 and 2021) read with the Plastic Waste Management (Amendment) Rules, 2021, Member Secretary, KeLSA has prayed that adequate measures should be taken to control pollution in Ashtamudi Lake.
3. That apart, Member Secretary, KeLSA has submitted that the abovesaid authority would be conducting awareness classes and also take other steps to spread the message of protection of environment, particularly, Ashtamudi Lake.
4. Going through the report of the Member Secretary, KeLSA it could be deduced that there were certain steps taken by various authorities to control pollution in Ashtamudi Lake.
5. One M/s. Molecules Envirocare at Kayamkulam has come forward to construct a sewage treatment plant to prevent pollution.
W.P.(C)No.17375 of 2021-S -:5:-
6. There are certain slaughter houses said to be under the management of Kollam Corporation and that it is the version of KeLSA that waste water from the slaughter houses, under the management of the Corporations, is being drained into Ashtamudi Lake.
7. Member Secretary, KeLSA has further stated that there were proceedings to erect 3 sewage treatment plants and that DPR of the said scheme has only been approved and that there is no progress.
8. He has further stated that Pollution Control Board decided to conduct a sanitation survey with the help of TKM Engineering College for identifying the source of waste and polluted water. According to him, the said exercise cannot be done.
9. It is also contended that Inland Navigation Special Division, Kollam has issued a notice to the Assistant Commissioner of Police, Kollam on 05.03.2019 for initiating prosecution against State Water Transport Department (SWTD), since they had erected a pipeline directly for draining waste and other pollutants from their septic tank/waste line to the lake.
W.P.(C)No.17375 of 2021-S -:6:-
10. Member Secretary, KeLSA has further stated that the Assistant Executive Engineer, Inland Navigation Special Division, Kollam had given notice to an individual to stop operation of an illegal slaughter house near Pallithottam Project on the bank of Kollam Thodu, which joins Ashtamudi Lake.
11. Taking note of the averments and to ascertain the correctness of the averments and action taken, in exercise of the powers under Article 226 of the Constitution of India, we deem it fit to implead the District Panchayat, Kollam; Kollam Corporation, represented by its Secretary; Kerala State Road Transport Corporation, represented by its Managing Director and State of Kerala, represented by Secretary to the Government, Transport Department, Thiruvananthapuram, which also deals with State Water Transport Department, as additional respondents 9 to 12 respectively in the writ petition.
12. Mr.V.Tekchand, learned Senior Government Pleader takes notice for State of Kerala, represented by Secretary to the Government, Transport Department, Thiruvananthapuram. Issue notice to the District Panchayat, Kollam and Kollam Corporation, W.P.(C)No.17375 of 2021-S -:7:- represented by its Secretary, by speed post, returnable in three weeks.
13. It is represented by Mr.T.Naveen, learned standing counsel for the Pollution Control Board that an inspection has been conducted and that a detailed report is being filed today. Registry is directed to tag the same, if it is otherwise in order.
14. Registry is also directed to show the names of the learned counsel representing Kollam Corporation and Kerala State Road Transport Corporation.
15. Registry is further directed to furnish copies of the suo motu writ petition, statement filed by the Member Secretary, KeLSA and all the interim orders passed by this court forthwith, to the learned counsel representing the additional respondents.
Post after three weeks.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv 30-09-2021 /True Copy/ Assistant Registrar