Kerala High Court
Kerala Federation Of Women Lawyers vs Corporation Of Cochin on 19 November, 2011
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 3RD DAY OF JULY 2014/12TH ASHADHA, 1936
WP(C).No. 27052 of 2011 (S)
----------------------------
PETITIONER:
-------------------
KERALA FEDERATION OF WOMEN LAWYERS,
REG.NO.ER-374/2007 JUSTICE JANAKIAMMA HALL,
HIGH COURT BUILDING, ERNAKULAM - 682 031
REPRESENTED BY ITS SECRETARY, ADV.ANEETHA A.G.
BY ADVS.SMT.S.K.DEVI
SMT.MOLLY JACOB
SMT.PINKU H.THALIATH
RESPONDENTS:
--------------------------
1. CORPORATION OF COCHIN,
REP. BY ITS SECRETARY,ERNAKULAM - 682 011.
2. THE HEALTH INSPECTOR,
CORPORATION OF COCHIN, ERNAKULAM - 682 011.
3. STATE OF KERALA, REPRESENTED BY ITS
SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
*ADDL.R4 TO 14 IMPLEADED:
R4. ALUVA MUNCIPALITY,
REPRESENTED BY ITS SECRETARY,
ALUVA, PIN-683 101.
R5. ANGAMALY MUNCIPALITY,
REPRESENTED BY ITS SECRETARY,
ANGAMALY-683 572.
R6. ELOOR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, ELOOR.
R7. KALAMASSERY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
KALAMASSERY, PIN-682 024.
Kss ..2/-
...2....
WPC.NO.27052/2011 (S)
R8. KOTHAMANGALAM MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
KOTHAMANGALAM - PIN-686 691.
R9. MARADU MUNCIPALITY,
REPRESENTED BY ITS SECRETARY, MARADU.
R10. NORTH PARAVOOR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
NORTH PARAVOOR 683 513.
R11. PERUMBAVOOR MUNCIPALITY,
REPRESENTED BY ITS SECRETARY,
PERUMBAVOOR-683 542.
R12. THRIKKAKKARA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
THRIKKAKKARA- 682 530.
R13. TRIPUNITHURA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
TRIPUNITHURA-682 019.
R14. MUVATTUPUZHA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
MUVATTUPUZHA-686 661.
(ADDL.R4 TO R14 ARE IMPLEADED AS PER ORDER DTD.
17.10.2011 IN IA.NO.16506/11)
**ADDL.R15 IMPLEADED:
R15. THE KERALA PLASTIC MANUFACTURES ASSOCIATION,
OFFICE AT VEEKAY TOWERS,
BEERANKUNHU ROAD,
KOCHI - 682 018, REPRESENTED BY ITS
PRESIDENT SRI.M.T.THOMAS, AGED 65 YEARS,
S/O.THOMMI THOMAS, OTTAKATTIL HOUSE,
SH MOUNT PO, KOTTAYAM - 6.
(**ADDL.R15 IS IMPLEADED AS PER ORDER DATED 19/11/2011
IN I.A.NO.18113/2011)
***ADDL.R16 TO R18 IMPLEADED:
R16. ALL KERALA PLASTIC DEALERS ASSOCIATION,
ERNAKULAM MERCHANTS UNION BUILDING,
MERCHANT ROAD, ERNAKULAM,
KOCHI - 682 011, REPRESENTED BY ITS PRESIDENT.
Kss ..3/-
..3....
WPC.NO.27052/2011 (S)
R17. KERALA MERCHANTS UNION,
MERCHANTS UNION BUILDING,
MERCHANT ROAD, ERNAKULAM,
KOCHI - 682 011, REPRESENTED BY ITS
GENERAL SECRETARY.
R18. ERNAKULAM STATIONERY AND GENERAL MERCHANTS
ASSOCIATION, MERCHANTS UNION BUILDING,
MERCHANT ROAD, ERNAKULAM, KOCHI - 682 011,
REPRESENTED BY ITS GENERAL SECRETARY.
(*** ADDL.R16 TO R17 ARE IMPLEADED AS PER ORDER DATED
19/11/2011 IN I.A.NO.18431/2011).
#ADDL.R19 IMPLEADED:
R19. KERALA HOTEL AND RESTAURANT ASSOCIATION,
(REG.NO.ER 495/87),
K.H.R.A. BHAVAN, M.G. ROAD,
ERNAKULAM, REPRESENTED BY ITS
GENERAL SECRETARY JOSEMOHAN.
(#ADDL.R19 IS IMPLEADED AS PER ORDER DATED 6/01/2012 IN
I.A.NO.20313/2011)
##ADDL.R20 IMPLEADED:
R20. BAYERN MERCHANTILE PVT.LTD.,
CHACKO TOWERS, FIRST FLOOR,
JEWS STREET, PADMA PULLEPADI ROAD,
COCHIN, REPRESENTED BY ITS DIRECTOR,
P.V.PHILIP,S/O.P.P.VARUGHESE, AGED 60 YEARS,
ROOM NO.101, PERAL HAVENS, HAMSAKUNJU LANE,
S.R.M.ROAD, KOCHI - 18.
(##ADDL.R20 IS IMPLEADED AS PER ORDER DATED 6/01/2012
IN I.A.NO.123/2012).
Kss ..4/-
..4...
WPC.NO.27052/2011 (S)
### R21 IMPLEADED:
R21. T.K.CHANDRAN,
S/O.VELAYUDHAN, AGED 75 YEARS,
CHETHANA, NO.64A, LALSALAM ROAD,
PONNURUNNI, PIN - 682 019,
ERNAKULAM DISTRICT.
(### ADDL.R21 IS IMPLEADED AS PER ORDER DATED 17/07/2012
IN I.A.NO.9453/2012)
R1 & R2 BY ADV. SRI.BABU KARUKAPADATH,SC,COCHIN CORPN.
BY ADV. SRI.P.K.SOYUZ,SC,COCHIN CORPORATION
R3 BY SPL.GOVERNMENT PLEADER SRI.P.JAYASANKAR
ADDL.R5 BY ADV. SRI.R.S.SARAT
ADDL.R6 BY ADVS.SRI.DINESH R.SHENOY
SRI.G.HARIKRISHNAN (TRIPUNITHURA)
SRI.R.V.RAHUL
ADDL.R7 BY ADV. SRI.M.K.ABOOBACKER
ADDL.R8 BY ADVS.SRI.C.A.MAJEED
SRI.K.H.ASIF
ADDL.R9 BY ADV. SRI.T.R.RAJAN
ADDL R10 BY ADV. SRI.C.S.AJITH PRAKASH
ADDL.R12 BY ADV. SRI.S.SHANAVAS KHAN
ADDL.R13 BY ADVS. SRI.V.M.KURIAN
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
ADDL.R14 BY ADVS. SRI.V.M.KURIAN
SRI.K.T.THOMAS
ADDL.R15 BY ADVS. SRI.GEORGE POONTHOTTAM
SRI.JAWAHAR JOSE
SMT.CISSY MATHEWS
ADDL.R16 TO R18 BY ADVS. SRI.K.JAJU BABU
SMT.M.U.VIJAYALAKSHMI
ADDL.R19 BY ADV. SRI.PAUL C. THOMAS
ADDL.R20 BY ADVS. SRI.PHILJO VARUGHESE PHILIPS
SRI.B.RADHAKRISHNA PILLAI
SMT.S.AMBIKA DEVI
SRI.R.JYOTHYKRISHNAN
ADDL.R21 BY ADVS. SRI.K.SANIL KUMAR
SRI.T.T.BIJU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06/03/2014, THE COURT ON 03/07/2014 DELIVERED
THE FOLLOWING:
Kss
WPC.NO.27052/2011 (S)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF NOTIFICATION DATED 1/06/2008.
EXT.P2: TRUE COPY OF NOTICE DATED 15/07/2008.
EXT.P2A: TRUE COPY OF NOTICE DATED 22/09/2008.
EXT.P3: TRUE COPY OF SHOW CAUSE NOTICE DATED 16/01/2009.
EXT.P3A: TRUE COPY OF NOTICE DATED 27/02/2009.
EXT.P4: TRUE COPY OF NOTICE DATED 8/06/2009.
EXT.P4A: TRUE COPY OF NOTICE DATED 22/09/2009.
EXT.P5: TRUE COPY OF PAPER REPORT DATED 8/10/2011.
RESPONDENT'S EXHIBITS & ANNEXURES:
EXT.R20(A): TRUE COPY OF G.O.(MS) 06/2012/LSGD DATED 04/01/2012 OF THE
LOCAL SELF GOVERNMENT (DC) DEPARTMENT.
EXT.R20(B): TRUE PHOTOCOPY OF NEWS ITEM PUBLISHED IN NEW INDIAN
EXPRESS DAILY DATED 23/02/2012.
EXT.R20(C): TRUE PHOTOCOPY OF NEWS ITEM PUBLISHED IN HINDU DAILY
DATED 23/02/2012.
EXT.R20(D): TRUE PHOTOCOPY OF NEWS ITEM PUBLISHED IN MALAYALA
MANORAMA DAILYDATED 23/02/2012.
EXT.R20(E): TRUE PHOTOCOPY OF THE PRINTOUT OF THE E-MAIL SENT BY
THE EXECUTIVE DIRECTOR OF SUCHITHWA MISSION UNDER THE
3RD RESPONDENT DATED 29/02/2012.
EXT.R20(F): TRUE PHOTOCOPY OF THE PRINTOUT OF E-MAIL DATED
05/03/2012.
EXT.R20(G): TRUE PHOTOCOPY OF THE PRINTOUT OF THE E-MAIL SENT BY
THE EXECUTIVE DIRECTOR OF SUCHITHWA MISSION.
EXT.R20(H): TRUE PHOTOCOPY OF THE LETTER DATED 14/03/2012 OF THE
MANAGING DIRECTOR OF THE COMPANY, ABOUT THE
PRODUCTION OF THE CD.
Kss ..2/-
..2....
WPC.NO.27052/2011 (S)
EXT.R20(I): TRUE COPY OF LETTER DATED 07/05/2012 CONFIRMING
THE PRESENTATION BY THE GERMAN DELEGATION TO
HON'BLE MINISTER OF URBAN AFFAIRS.
EXT.R20(J): TRUE COPY OF THE LETTER DATED 18/05/2012 FROM THE
PETITIONER COMPANY.
EXT.R20iK): TRUE COPY OF THE LETTER DATED 04/06/2012 ENCLOSING
THR REPORT.
EXT.R20(L): TRUE PHOTOCOPY OF THE PROPOSAL DATED 11/06/2012
BEFORE THE HON'BLE MINISTER OF URBAN AFFAIRS.
EXT.R20(M): TRUE PHOTOCOPY OF THE NOTICE INVITING REQUEST FOR
QUOTATION (RFQ) DATED 08/05/2012 PUBLISHED IN THE
MATHRUBHUMI DAILYBY THE EXECUTIVE DIRECTOR,
SUCHITHWA MISSION.
ANNEX.1: TRUE COPY OF THE JUDGMENT DATED 11/03/2011 IN
WPC.NO.15307 OF 2008.(I.A.NO.18113/2011)
ANNEX.1: THE NOTIFICATION S.O.249(E) DATED 4/02/2011 OF
MINISTRY OF ENVIRONMENT AND FOREST,
GOVERNMENT OF INDIA & COPY OF THE G.O.(RT) NO.2838/11/
LSGD DATED 01/12/2011.
ANNEX.II: TRUE COPY OF THE INSTRUCTIONS ISSUED TO OFFICERS
DATED 22/11/2011.
/TRUE COPY/
P.S.TOJUDGE
Kss
MANJULA CHELLUR, CJ
& A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.27052 of 2011
----------------------------------------
Dated this the 3rd day of July 2014
J U D G M E N T
SHAFFIQUE, J This writ petition is filed in the form of a Public Interest Litigation by the Kerala Federation of Women Lawyers seeking to issue directions to the Corporation of Cochin to implement Ext.P1 notification. Ext.P1 is a notification which came into force with effect from 01/06/2008. Purpose of the notification is to manage solid waste. The petitioners also seek for a direction to the Corporation to restrain the respondents from dumping waste in public places. During the pendency of the writ petition, all the Municipalities were made parties to the above writ petition.
2. During the pendency of this writ petition, this Court had issued several directions in relation to setting up of waste treatment plants and other procedures that has to W.P.C.No.27052/2011 2 be adopted in the matter of dumping of waste in public places.
3. Several reports have been filed by the Government with reference to the measures that have been taken for setting up of solid waste processing plant. Specific reference is made to the implementation of the waste management plant at Brahmapuram, Cochin and other steps taken by the Government in that regard. It is inter alia indicated that the Government through Suchitwa Mission has taken all efforts to establish solid waste management plant at Brahmapuram, Cochin. In another report filed on 10/12/2013 it is further indicated that the Suchitwa Mission has completed the procedure for inviting tenders. But, on evaluation of the same, it is found that the tender has to be cancelled and subsequently by Government Order dated 29/07/2013, the Government constituted a committee and proceeded to invite tenders from short listed seven agencies. According to them, steps are being taken for W.P.C.No.27052/2011 3 completing the formalities in that regard by inviting such tenders. Another report is filed on 01/01/2014 inter alia indicating that KITCO, a Government agency has prepared and forwarded the technical and financial proposal to the Principal Secretary, Local Self- Government Department on 07/12/2013 and steps are being taken to implement the project by inviting competitive bidding process. Further it is stated that as a temporary measure, Government has accorded sanction for promoting source level treatment of biodegradable waste at households and institutions and the balance waste could be collected and treated in the existing Window Composing Plant at Brahmapuram. It is stated that all possible help has been given by the Government to the Corporation to discharge their mandatory responsibility for proper treatment of Municipal Solid Waste generated in Kochi city.
4. It is not in dispute that the waste management within the Corporation/Municipal area is one of the W.P.C.No.27052/2011 4 mandatory requirement that has to be carried out by such local authorities. It is to enable proper waste management measures in Corporation area that Ext.P1 guidelines have been brought into force. It is for the Corporation, its Officers, employees, staff and other public men to ensure that waste management measures are fulfilled with the active participation of the residents of the Corporation area. According to the respondents, appropriate measures have already been taken in that regard. But, it has to be seen that waste management is a daily affair and unless the Corporation is keen to implement a proper programme to dispose of the solid waste as well as other waste generated in the Corporation area, the obligation cast on them under the Statute will remain unfulfilled.
5. During the hearing of this writ petition, this Court is appraised of various measures that were undertaken by the Government as well as the Corporation/Municipalities. But, still, if a proper system is not in force and is W.P.C.No.27052/2011 5 implemented on a day to day basis, the waste management measures will not be effective. Section 326 of the Kerala Municipality Act, 1994 reads as under:
"326. Municipality to arrange for the removal of rubbish, solid wastes and filth.-
(1) Every Municipality shall make adequate arrangements for;-
(a) the regular sweeping and cleansing of the streets and removal of sweepings therefrom;
(b) the daily removal of the filth and the carcasses of animals from private premises;
(c) the removal of solid wastes; and
(d) the daily removal of rubbish from
dustbins and private premises, and with this object, it shall provide:
(i) depots, receptacles and places for the deposit of filth, rubbish and the carcasses of animals;
(ii) covered vehicles or vessels for the removal of filth;
(iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish; and W.P.C.No.27052/2011 6
(iv) dustbins, receptacles and places for the temporary deposit of domestic waste, dust, ashes, refuse, rubbish, offensive matter, trade refuse, institutional refuse, carcasses of dead animals.
(1a) It shall be the responsibility of the Secretary to discharge the duties of the Municipality specified in sub-section (1) and the Secretary shall by order entrust the said duties to the officers and staff having the charge of public health and sanitation, on the basis of streets, areas and the nature of work and get such duties duly discharged by them.
(1b) Every Councillor shall observe keenly the activity of collection and removal of garbage and rubbish and other filth from the area of the ward he represents, and the failure or neglect in this matter shall be brought to the notice of the Secretary, and if it is so brought to the notice, the Secretary shall take necessary urgent remedial measures.
(1c) Where the Secretary has failed to discharge the duty vested in him under sub-
section (1a) and consequently, arise environmental problems and pollution by the W.P.C.No.27052/2011 7 accumulation of any garbage and rubbish and filth in any public place the Council or the Government may take disciplinary action against the Secretary for dereliction of duty.
(2) The Secretary shall make adequate provision for preventing the depots, place, receptacles, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance that may cause reasons for environmental problems, pollution and public health problems.
(3) A Municipality may make arrangement on contract basis, in whole or in part for the collection and disposal of solid waste from public or private premises."
6. Further Sections 327 to 334 contains specific provisions enabling the Corporation to collect and dispose of any form of waste. Corporation is controlled by an elected body and their obligation is to provide a clean and tidy environment to the residents in the Corporation area. It is the obligation of the Corporation to implement the waste management measures by creating awareness among the W.P.C.No.27052/2011 8 public at large as well. Their obligation is statutory in nature and cannot be brushed aside by stating flimsy reasons. Waste management has to be taken as a programme by providing proper measures for collecting waste. Necessary awareness has to be created among the public at large and such measures are to be continued and implemented without any demur. We hope that local authorities involved in this litigation as well as other local authorities will take up waste management measures as a priority issue and work towards keeping a clean and tidy environment for the residents of the State. Having regard to the fact that appropriate steps have already been taken by the local authorities in this matter, we do not think that any further directions are required to be passed as waste management cannot be done within a specified time limit. It is a programme which has to be worked out with the active participation of the residents and the waste generating institutions. In the said circumstances, this writ petition is W.P.C.No.27052/2011 9 disposed of as under:
Corporation of Cochin shall take appropriate measures to implement the waste management programmes by creating necessary awareness among the public and they shall implement Ext.P1 guidelines or such other measures to ensure proper waste management measures without any fail.
(sd/-) (MANJULA CHELLUR, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.27052/2011 10 W.P.C.No.27052/2011 11