National Green Tribunal
Jith Kumar vs State Of Kerala Represented By Its Chief ... on 2 December, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.8 to11:
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)
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: 02.12.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. No.442/2013
For Applicant(s): Mr. Varghese K. Paul
For Respondent(s): Mr. E.K.Kumaresan for R1
Mr. Suryaprabhu for Mr. G.M. Syed Nurullah Sheriff
for R2
Mr. K.R. Harin for R3
Mr. V. K. Rema Smrithi for R4
O.A. No.20/2017
For Applicant(s): None appeared
For Respondent(s): Mr. K.R. Harin for R1
Mr. E.K.Kumaresan for R6 & R9
Ms. Jayalakshmi for Mr. D.S. Ekambaram for R3
Mr. V. K. Rema Smrithi for R2
Ms. Vidyalakshmi Vipin for R4
Ms. Me. Saraswathy for R7
Mr. Jimmy George for R8
O.A. No.276/2017
For Applicant(s): None appeared
2
For Respondent(s): Ms. Rema Srimithi for R1
Mr. K.R. Harin for R4
Mr. E.K.Kumaresan for R3, R5 and R9
Ms. Jayalakshmi for Mr. D.S. Ekambaram for R2
Mr. V. K. Rema Smrithi for R6
Ms. Ojas Sivakumar for Mr. M.R. Gokul Krishnan
for R8
O.A. No.77/2021
For Applicant(s): Suo Motu
For Respondent(s): Ms. Vidyalakshmi Vipin for R1
Mr. K.R. Harin for R7
Mr. E.K.Kumaresan for R1, R3 and R5
Mr. M.K. Aboobacker for R8
Mr. Haridass for R10 and R11
Mr. Jamal for Mr. Ajithkumar for R14.
ORDER
1. As per order dated 21.06.2021, this Tribunal had considered the previous orders passed and also considered the report submitted by Pollution Control Board dated 30.03.2021, e-filed on 17.05.2021 filed in O.A. No. 77 of 2021 and then passed the following order:
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 22 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 3 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 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 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 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 4 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.
2. Thereafter case was posted to 30.07.2021 for consideration of further reprots. On 30.07.2021, this Tribunal had considered the reports submitted by Kochi Corporation dated 29.07.2021, District Collector, Ernakulam dated 29.07.2021 and also considered the report submitted by Kerala State Pollution Control Board dated 29.07.2021 and the statement filed by 14th respondent in O.A. No. 77 of 2021 and then passed the following order:
8. We have also received report from the Chairman, Kerala State Level Monitoring Committee dated 28.07.2021 which exposes the pathetic condition of implementation of the Solid Waste Management Rules, 2016 in Ernakulam District, especially in Kochi Corporation. The photographs produced along with the report filed will go to show that no bio mining work has been started and there is no improvement as far as Brahmapuram dump yard is concerned. Further, they have not even obtained necessary authorization from the State Pollution Control Board since 2016 for carrying on their activities of waste disposal facility as required under the Solid Waste Management Rules, 2016.
9. The learned counsel appearing for the Kerala State Pollution Control Board submitted that though Kochi Corporation has filed an application for authorization, they cannot process the same, since they have not complied with the directions issued.
10.However, the learned counsel appearing for the Kochi Corporation submitted that they will come with a proper report, if some time is granted, as they have already initiated some steps and they will be able to show the result of the same on the next hearing date.5
11.The learned counsel appearing for the 8th respondent in O.A. No.77 of 2021 submitted that they are trying to submit a report, but due to some technical difficulty, they are not able to upload the same.
12. So, the respondents are directed to submit their respective reports regarding the implementation of the Solid Waste Management Rules, 2016 within their area of operation, as there are certain observations made by the Chairman, State Level Monitoring Committee in respect of the 8th respondent and the Kerala State Pollution Control Board also made some observation regarding non-
implementation of the Solid Waste Management Rules, 2016 and that they are not properly maintaining and operating the Sewage Treatment Plant and other treatment plants within their area of operation which are also causing pollution and in fact, it affects the water quality in Periyar and Kadambrayar rivers.
13.Further, the Kerala State Level Monitoring Committee, Kerala State Pollution Control Board and the stakeholders, Corporation, Municipalities and Panchayats are directed to file their respective further status report regarding the implementation of the Solid Waste Management Rules, 2016 in view of the gap pointed out by the Kerala State Pollution Control Board regarding the implementation in each area.
14.The concerned District Collector as well as the Chief Secretary, State of Kerala and Principal Secretary for Environment are also directed to take personal interest in these issues, as these matters are pending consideration before this Tribunal since 2013 and even prior to that pending before the Hon‟ble High Court of Kerala since 2012 and quite unfortunately, there is no substantial improvement made and not even improvement made from the stage it was started till today. So, it is a matter where the Government also will have to show commitment and take immediate steps to resolve these aspects in order to achieve the policy of State of Kerala "മാലിന്യ മുക്ത കകരളം" (Malinya Mukta Keralam) as reality. Even if there is any objection from the public in this regard, it is for the authorities to convince them that they will carry out the project without any inconvenience to them as experienced by the people when the existing waste treatment plants or other waste treatment facilities are established, which were not properly monitored and handled, resulting in nuisance. It is for the authorities to convince them and rise to the expectation and see that the waste management facilities provided are managed and operated in a scientific manner as contemplated under Solid Waste Management Rules, 2016, so that people will be appreciating the initiative taken by authorities and the interest shown by the authorities in protecting the environment. The Government is the trustee for protecting „Environment‟ and they should take all earnest attempt to provide clean environment to the people, as there is a constitutional obligation to protect environment as enshrined under Article 48 A of the Constitution of India and providing clean environment to the citizen is a part of Right to Life as contemplated under Article 21 of the Constitution of India.
15.With these in mind, respective stakeholders are directed to look into the issue seriously and act promptly and come with a report to this Tribunal Page 28 of 28 showing the implementation of the Solid Waste Management Rules, 2016 in their respective area.
16.The above said authorities are directed to submit their respective reports to this Tribunal on or before 27.09.2021 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.
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17.The Registry is directed to communicate this order to the official respondents, District Collector, Ernakulam, Kerala State Pollution Control Board, Chairman, Kerala State Level Monitoring Committee, Kochi Corporation and also to the concerned Municipalities and Panchayats, apart from communicating this order to the Chief Secretary, State of Kerala and Principal Secretary for Environment, Local Administration by e-mail immediately for their information and also for giving necessary directions to the subordinate officials to comply with the direction issued by this Tribunal without fail.
3. The case was posted to 27.09.2021 for consideration of further reports. Thereafter, the matter has been adjourned from time to time by successive notification and lastly it was adjourned to today as per notification dated 10.11.2021.
4. After the case was adjourned on 30.07.2021, we have received a report submitted by Mr. Justice A.V. Ramakrishna Pillai, Former Judge, High Court of Kerala and Chairman of State Level Monitoring Committee appointed by the Principal Bench in O.A. No. 606 of 2018 which reads as follows:
Report On 21.07.2021, a video graph was sent to me through whatts app, by the staff reporter of Malayala Manorama daily, stating that solid waste was openly burnt near the HMT High School within the local limits of Kalamessery Municipality. It was a live video. Annexure appended to this report is the screen shot of the said video graph.
The Chief Environmental Engineer, Regional Office, KSPCB, Ernakulam was directed to verify and submit a report in the matter. The Chief Environmental Engineer informed that the Envirnmental Engineer, KSPCB, District Office-I, Ernakulam conducted the enquiry and found that Solid waste were dumped and brunt in open land causing air pollution. It was also reported that the District Office has sent a notice on 23.07.2021 to remove the waste and to install CCTV cameras in all hot spots.
In this context, it is relevant point out that dumping of waste in open land were found in other areas of the Kalamassery Municipality on earlier occasions also. In spite of repeated directions the violations are being continued without any control from the aforesaid local body.
The aforesaid facts are brought to the notice of this Hon‟ble Tribunal for interference and necessary actions.
Dated this the 29th Day of July, 2021 7 Justice A.V. Ramakrishna Pillai (Former Judge, High Court of Kerala) Chairman, SLMC, Kerala
5. It is seen from the report that apart from non-compliance of the Solid Waste Management Rules by the Kochi Corporation, it is also mentioned that in Kalamassery Municipality also waste is being dumped in open land and it is being done in a private land as well.
6. The Secretary, Vadavucode-Puthencruz Grama Panchayath has filed their report in O.A. No. 77 of 2021 dated 29.07.2021, e-filed on 24.09.2021 which reads as follows:
REPORT FILED BY THE SECRETARY, VADAVUCODE-
PUTHENCRUZ GRAMA-PANCHAYATH ERNAKULAM DISTRICT IN THE ABOVE APPLICATION AS DIRECTED BY THIS HONOURABLE TRIBUNAL
1. I am the secretary of the 13th Respondent Vadavucode-Puthencruz Gramapanchayath and I am competent and duly authorized to file this report for and on behalf of the Vadavucode-Puthencruz Gramapanchayath. I know of the facts of the case as revealed form the relevant file.
2. It is submitted that this Tribunal had on 21.06.2021, directed this respondent Grama Panchayath to submit an independent response regarding the manner in which the Solid Waste Management Rules, 2016 are being implemented in this respondent's jurisdiction including the disposal of the waste that is being generated and collected and dumped in the dumpyards.
3. It is submitted that this respondent had initiated several action plans to be implemented with regard to disposal of solid waste in appropriate manner. The action plans initiated by this respondent is enumerated herein below.
4. It is submitted that this respondent had drafted a bye-law for Plastic Waste Management within the jurisdiction of this respondent panchayath and the same is submitted before the Director of Panchayath for its approval. As per the said bye law this respondent is planning to reduce and restrict the usage of solid waste among the residents as well as the merchants within the panchayath. It is decided to collect the non bio degradable plastic waste from the source of generation itself and to dispose the same in a scientific manner, so as to avoid the environmental pollution caused by the plastic.8 9
7. We have also received another report submitted by Mr. Justice A.V. Ramakrishna Pillai, Former Judge, High Court of Kerala and Chairman of State Level Monitoring Committee, Kerala dated 22.09.2021 which reads as follows:
10
Report On 13.09.2021 at about 4:20 PM, I received a screen shot through Whats App from the staff reporter of a Malayalam daily. It was stated that non-degradable solid waste including plastic materials were seen dumped in a private property near the sea port-Air Port road within the local limits of Kalamassery Municipality. Annexure-X-1 is the copy of the screen shot so received.
On receipt of the information I contacted the Chief Environmental Engineer, Regaional Office, KSPCB, Ernakulam over telephone and asked him to arrange a Joint local Inspection on 15.09.2021. I was informed by him that the surveillance team of the Regional Office has conducted an inspection of the site on 13.09.2021 itself and had given instructions or the safe removal of the waste in accordance with the Solid Waste Management Rules, 2016.
On 14.09.2021, the local edition of a Malayalam daily reported the Secretary of Kalamassery Municipality has informed that notice would be given to the owner of the land to stop the activities of dumping waste materials at the aforesaid site and to remove the existing waste materials somewhere else. Annexure- X-II is the copy of the said report.
At about 10 AM on 15.09.2021, I along with the Chief Environmental Engineer, Regional Office, KSPCB conducted a local inspection of the site. One E. M Younus (Ettukattil Veedu, Edathala P.O.,, Aluva, Ernakulam District, Pin Code- 683561) and one Abdul Sathar (Eriyakattu Moolayil House, Thrikkakkara P.O, Kanayannur Taluk, Ernakulam District, Pin- 682021) were present at the site. It was revealed by them that the site belongs to one Mecca (Late), 22 ward 677, Chiramukkath House, Cochin University P.O, (Pin-682022) and it was given on lease to them by legal heirs of the said Mecca for the activities now being carried out there.
Though the aforesaid persons present at the site claimed that they have started dumping of waste at that site only a month ago, the quantity of waste seen deposited showed otherwise. Enquires revealed that the said activity was 11 IV(d) are the copies of the said documents.
12 Report is true the situation quite alarming and the primary responsibility can be 13 14
8. The Committee also annexed certain photographs which will go to show that in Kalamassery Municipality waste is being dumped in a private land and certain action has been taken but in spite of that same has not been properly removed and after removing certain portion from that area, they have dumped the same in Willington Island and they have levelled the property which is likely to cause more environmental damage. It is also mentioned that since no proper waste management is being done the leaches going out of that reaches the Kadamprayar River and polluting the same.
9. 8th respondent in O.A. No. 77 of 2021 has filed report dated 22.09.2021, e-filed on 24.09.2021 which reads as follows:
15 16 17 18 19 20
10.There also they have mentioned that they are collecting the waste and on the basis of memo of understanding between them and the Kochi Corporation, the same is being taken to Brahmapuram dumpyard which is subject matter in O.A. No. 442 of 2013 and we do not to want to say anything about the manner in which it is being disposed of from there. Further, they have also not mentioned anything about the incident noted by the Chairman, Kerala State Monitoring Committee about dumping of waste in private land within Kalamassery Municipality and the action taken from their side.
11.In O.A. No. 442 of 2013, the Chief Secretary, State of Kerala has filed a report through their Counsel dated 07.10.2021, e-filed on 08.10.2021 which reads as follows:
STATUS REPORT SUBMITTED ON BEHALF OF CHIEF SECRETARY, GOVERNMENT OF KERALA It is submitted that this Hon‟ble Tribunal by its Judgment in O.A.Nos.442/13, 20/2017, 276/2017 and 77/2021 dated 21.06.2021 has directed the Chief Secretary, State of Kerala to file the Status Report and accordingly, he submits the following Report:-
2. It is humbly submitted that the State Government and Kochi Municipal Corporation have initiated solid and concerted effort to resolve the issue of pollution by remediating legacy waste dump yard at Brahmapuram and to establish integrated Solid Waste Management (Waste-to-Energy) project to avoid further dumping of waste.
3. It is submitted that for addressing the problem in the gaps in waste management issues, Additional Chief Secretary, Local Self Government Department convened various meeting and directed various LSG‟s to submit action report based on Segregated waste collection and management, Organic waste disposal and management, Bioremediation of legacy and mixed waste, Management of discharge from the dumpsite, other waste management measures taken. The consolidated action report may be seen as Exhibit R13 (a).
3. It is further submitted that directions were sent to the District Collector, Ernakulam and IGP, Kochi to intervene to stop illegal dumping o faecal sludge at Brahmapuram, in the water bodies especially in the night and it 21 was ensured from District Collector, Ernakulam that steps have been started to curb such illegal actions through joint efforts of multiple departments. In the DLMC constituted by this Hon‟ble Tribunal in O.A.No.606/2018 held on 26.08.2021 discussed about the matter and it was decided that joint task force of Corporation, Police, PCB, and Health Department should conduct inspections and catch such vehicles which are transporting waste in an illegal manner and dumping septage waste at Brahmapuram. Regarding the dumping of septage waste dumping near the Treatment Plant at Willington Island by tanker Lorries was also discussed in the meeting and directions were given to the Police & Corporation Squad to arrange special patrolling kin that area and strict actions will be taken against the culprits in the matter. It was also directed Kochi Corporation Secretary to take urgent necessary action to complete the Annual Maintenance of the FSTP at Brahmapuram, and in the meanwhile to divert faecal sludge to the Willingdon plant, which is functioning only at 50% capacity. Kochi Corporation Secretary was also directed to furnish status report on the matter of removal legacy waste at Brahmapuram at the earliest and instructions were given to regional performance audit officer to look into the records of the Willingdon FSTP Plant to discover the extent of capacity utilization of the plant during the time of Annual Maintenance of the Brahmapuram plant and to provide report on whether there was a reported increase in capacity utilization, pre or during Annual maintenance period of the Brahmapuram FSTP, the status continues to be the same.
4. It is submitted that Government vide its order No.G.O.(Rt) No.1754/2021/LSGD dated 14.09.2021 has approved tipping fee of Rs.3550/- per ton offered by the Consortium led by M/s.Zonta Infratech Pvt.
Ltd for the development of Integrated Solid Waste Management Project with a Waste to Energy Plants of minimum 300 TPD on Design, Build, Finance, Operate and Transfer (DBFOT) basis at Brahmapuram in Ernakulam District. [Exhibit R13(b)]
5. It is respectfully submitted that the Tripunithura Municipality has reported that they are strictly following the Solid Waste Management Rules, 2016 and respective laws for the effective control of the waste management. Stringent action is being taken against plastic consumption and awareness is being given to people to reduce the use of plastic. The municipality is giving prime importance to promote nil waste production and to process the waste at the source itself. Accordingly, by including in different plants, subsidy and technical support are given to install pipe compost, bio gas plant, bio gas bin, kitchen compost, compost bin, bucket compost etc. These organic composts are used for agriculture and gardening and other connected purposes. The municipality has reported that they are doing earnest efforts to reduce the waste and to process the generated waste in proper, scientific and technical manner. Arrangements have been made to treat the waste at the source itself. There are 73 members in „haritha Karma sena‟ and with the help of them segregating the waste at the source and collecting from door to door and treating them separately. Photographs depicting collection of dry waste from households and other establishments are produced herewith and may kindly be seen as Exhibit R13(c).
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5. It is submitted that the non bio-degradable waste including plastic in Tripunithura Municipality are collected separately, stores and handed over to „Eco-green Kerala Ltd‟ a Government approved agency. The organic wastes are collected and handed over to Brahmapuram plant working under Kochi Corporation. An agreement was entered into with the Kochi Corporation since 2012 and Rs.1740/- per one tone waste is paid to the Kochi Corporation.
A."Thumburmuzhi model" aerobic compost plant is established at Thaluk Hospital compound and a mini material collection facility is also functioning along with this plant. A photograph of the same is produced herewith and may be seen as Exhibit R13(c). A campaign "My waste my responsibility" is to clean Thirupunithura mission and solid waste processing plan and conveyed this message to entire 49 wards through health sanitation committees. The Municipality has established an aerobic compost bin at Anapparampu comprised in ward 41 and which is functioning in full and efficient manner due to the vigilant supervision by the councilor, health workers, residents and residents associations. A photograph of the aerobic compost unit functioning at Anapparampu comprised in ward 41 is produced herewith and may kindly be seen as Exhibit R13(c). It is also reported that canals and water flows in Tripunithura are cleaned through Ayyankali employment guarantee scheme. The Municipality has employed 76 employees for cleaning purpose and the roads and canals are cleaned on daily basis.
6. It is humbly submitted that Aluva Municipality has reported that they are giving prime importance to promote nil waste production and to process the waste at the source itself. The Municipality has affected with high density and acute shortage of space. At present, the land use of the Municipality is residential 35.54%, commercial 6.17%, Industrial 0.39%, Part and open space 3.79%, agriculture 8.13%, wet land 0.67%, vacant land 3.70% and water body 11.69%. As per the available data the vacant space are private holdings.
Regardless of the space constraint Aluva Municipality has provided 4 STPs in 0.19 Ha of land as pr the approved master plan of the Municipality. Earnest effects are being taken to reduce the waste and to process the generated waste in proper, scientific and technical manner. It is also reported that Aluva Municipality has entered into an agreement with an agency called "PLANAatEARTH" in the year 2015 itself for waste management. This agency is an empanelled agency by Kerala State Suchitwa Mission. This agency covers 26 wards of Municipality. Plastic, paper, glass are collected from door to door with a user fee of Rs.50/- and non-recyclable plastics, rubber, shoes/slippers, bags, leather and multi-layer plastics are also collected. Dry wastes are collected from 109 commercial establishments every week. True copy of the photographs showing the activities carried out for the waste management at the Municipality is, May kindly be seen as Exhibit R13 (d). Aluva Municipality has entered into an agreement with the Kerala Enviro Infrastructure Ltd in August, 2018 for the management of spoiled mattress, pillows an soiled plastics into the sanitary landfill with a fee of Rs.1750/MT as per the SWM Rules. The Municipality is taking earnest efforts to reduce he wastes sending to the Brahmapuram Plant. It is also reported that Aluva Municipality is also ensuring that waste 23 is no dumped into Periyar River and taking stringent actions against those who are violating this. The offices functioning within the local limits of the Aluva and Thripunithura Municipality are strictly complying with the green protocol. Sewage treatment plants are erected on all the hospitals and huge flats and apartments.
Therefore it is most humbly prayed that this Hon‟ble Tribunal may be pleased to record the said status report submitted on behalf of Chief Secretary, Government of Kerala on Record and thus render justice. Dated at Chennai on this the 7th day of October, 2021 (E.K.Kumaresan) O.A.No.442 of 2013 (SZ) - Counsel for R1 O.A.No.20 of 2017 (SZ) - Counsel for R6 & R9 O.A.No.276 of 2017 (SZ) - Counsel for R3, R5 & R9 O.A.No.77 of 2021 (SZ) - Counsel for R1 to R3, R5 & R7 Standing Counsel for State Government of Kerala NGT(SZ) Chennai Bench
12.They have annexed some annexure regarding the manner in which action plan has been prepared for effective implementation of Solid Waste Management Rules, 2016 in Ernakulam District. But quite unfortunately, there also they have not achieved the 100 per cent compliance. Most of the Municipalities are not carrying out door to door collection on daily basis of both bio-degradable as well as non-biodegrable waste as required under the Solid Waste Management Rules, 2016 and some of the local bodies have Shirked the responsibility of collecting this by passing resolutions directing the residents themselves to dispose the bio- degradable waste by undertaking some in situ management. Nobody is there to monitoring as it is being properly done or not. They are also spending huge amount by providing bio-gas units but that also not achieving the purpose for which it has been intended as there is no proper mechanism to monitor as to whether it is being properly done or not and 24 whether there is any possibility of any consequential damage being caused to the environment including breeding of mosquito in that area as well. Even as regards collection of non-biodegradable waste, they are selecting the items of waste to be collected leaving other items to be disposed of by the residents themselves, which is not permissible under the rule. If this is the way in which Solid Waste Management Rule is to be implemented, then we do not think that State of Kerala will achieve 100 per cent compliance of implementation of the Rules. They are expected to verify the Rules and understand their responsibility and carry out the same in its letter and spirit. This is being insisted by Principal Bench in O.A. No. 606 of 2018 and in fact expressed its displeasure in the manner in which it is being implemented in State of Kerala in some of the orders.
13.Even as regards the bio-mining in Brahmapuram is concerned, they have not started the work so far. Still it is in the stage of finalizing the tender and handing over the area to persons who is said to be the successful bidder. This promise has been made to this Tribunal since last year. No siginifciant improvement has taken place in reducing the mount of legacy waste lying in Brahmapuram dumpyard. Further, the leachate treatment plant is also not properly functioning and they are operating the waste management facility without proper authorization since long time, which in fact is against the rules. If the Local Bodies and Government 25 Department themselves are violating the Rules and carrying out the activities against the environmental norms, then how it can be possible for the Government to impose penalties against the poor people who are not able to comply with the same on account of the non-cooperation of the local bodies in collecting the same as provided under the rules. However, considering the present flood situation in Kerala, we feel that some more time can be granted to State of Kerala and the regulators to come with a proper progress of implementation of Solid Waste Management Rules, 2016 and other waste management rules in State of Kerala as directed by Principal Bench in O.A. No. 606 of 2018 as well as directed by this Tribunal in this case and if no satisfactory report is filed, then this Tribunal will be compelled to initiate coercive actions including imposition of environmental compensation for the damage caused to environment by the State machineries itself after taking over the same from Kochi Corporation for non-implementing the same to the satisfaction of the Tribunal.
14.Pollution Control Board is also directed to submit the detailed report regarding the averments made by the Chairman, State Monitoring Committee regarding dumping of waste in private land and also the manner in which it is said to have been disposed of. A detailed enquiry will have to be conducted in this regard and they will have to take appropriate action against the persons who are responsible for the same in 26 accordance with law.
15.The action plan submitted by the Chief Secretary is also not satisfactory as it is evident from the timelines submitted. No proper scrutiny was made by him or by the concerned Principal Secretary. We do not wish to point out the oddities in the timelines indicated in the report, instead we leave it to the Chief Secretary to go through the action plan once again and submit a realistic report considering that implementation of Solid Waste Management is very poor for long time. Quite unfortunately, though the Waste Management Rules have come into force from 1998 onwards and taken superseded by 2000 Rules and then by 2016 Rules. In spite of that, on ground no improvement has taken place. Government has taken no effective steps to implement the same in its letter and spirit. Further, being a literate State, they are expected to achieve the implementation of Solid Waste Management Rules and other environmental laws in the State so as to make them the best in implementation of waste management rules and they are not able to achieve the target or procure the award that is being declared by the Central Ministry in this regard. Unless some effective steps are taken by them, the Slogan of „Malinya Mukta Keralam or clean Kerala will not be possible by merely creating some Sena etc. that will also be another waste of public money unless it is being properly implemented.
16.The Chief Secretary has to look into these issues and issue necessary 27 directions to the local bodies to ensure day to day collection of waste as required under Solid Waste Management Rules, 2016 both bio- degradable and non-biodegradable from the residences as to comply with the direction issued by the Principal Bench in O.A. No. 606 of 2018, then only it can be said that those aspects have been achieved 100 per cent otherwise whatever report submitted by them will not be accepted by this Tribunal. Some assurance must be obtained from local bodies that this will be implemented by them based on the instructions to be issued by the Chief Secretary, otherwise that will also be seriously looked into by the Tribunal. The local bodies have no discretion to avoid collection of certain type of waste which is the responsibility of the local bodies to collect as per the Rules. Any resolution passed by them against the Rules will not absolve them from the statutory liability of implementing the Solid Waste Management Rule as provided therein.
17.Pollution Control Board is directed to ascertain the present status of implementation of Solid Waste Management Rule within the Ernakulam District and also a give a bird‟s eye view as to how it is being implemented in State of Kerala in the local bodies, district wise so as to compare the implementation of the same in each district for the purpose of giving proper direction to the Chief Secretary in this regard.
18.Pollution Control Board is also directed to enquire into the nature of observations made by the State Level Monitoring Committee in the report 28 extracted above and come with the proper action taken report against those persons who are responsible for the same.
19.All the local bodies, Kochi Corporation and District Collector, Ernakulam and the Chief Secretary, Secretary for Environment, Secretary for Local Administration are directed to file their further progress report of their monitoring as directed by the Principal Bench in O.A. No. 606 of 2018 regarding the implementation of and its success to avoid any coercive orders to be passed by this Tribunal for non-implementation of the same since even after such a long time, no improvement has taken in this regard, at least, since 2012 onwards. They are directed to submit the respective reports to this Tribunal on or before 24.01.2022 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.
20.The Registry is directed to communicate the order to the Chief Secretary, Principal Secretary for Environment, Municipal and Local Administration including Panchayats, Commissioner, Cochin Corporation, Secretary for Local Bodies in Ernakulam District who have been impleaded in the concerned case, District Collector, Ernakulam, Pollution Control Board, Chairman State Level Monitoring Committee for their information and compliance of the direction of this Tribunal.
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21.For consideration of reports, post on 24.01.2022.
...................................J.M. (Justice K. Ramakrishnan) ...................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 442/2013(SZ) O.A. No. 20/2017(SZ) O.A. No.276/2017(SZ)& O.A. No. 77/2021(SZ) 2nd December, 2021. (AM) 30