National Green Tribunal
Suo Motu Report Received From Justice A V ... vs The Chief Secretary Government Of ... on 24 March, 2026
Item No.2:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Tuesday, the 24th day of March 2026.
[Through Physical Hearing (Hybrid Option)]
Original Application No.169 of 2023 (SZ)
IN THE MATTER OF
Tribunal on its own motion Suo Motu
based on the report dated 26.06.2023
received from Hon'ble Justice A.V.
Ramakrishna Pillai on the Present Status
of Waste dump site at Kubanoor in
Mangalpady Panchayat, Kasargod
District, Kerala.
With
1) The Chief Secretary
Government of Kerala,
Govt. Secretariat,
Thiruvananthapuram - 695 001.
2) The Principal Secretary to Govt. of Kerala
Health and Family Welfare Department,
Room No.603, 6th Floor, Annex II,
Secretariat,
Thiruvananthapuram - 695 001.
3) The Principal Secretary to Govt. of Kerala
Department of Environment,
Room No.406, 4th Floor, Annex II,
Secretariat,
Thiruvananthapuram - 695 001.
4) The Additional Chief Secretary to Govt. of Kerala
Local Self Government Department,
Room No.505, 5th Floor, Annex I,
Secretariat,
Thiruvananthapuram - 695 001.
5) The Chairman
Kerala State Pollution Control Board
Head Office, Pattom P.O.,
Thiruvananthapuram - 695 004.
6) The District Collector
Kasargod District,
Civil Station, Vidyanagar,
Kasargod, Kerala - 671 123.
Page 1 of 8
7) Mangalpady Grama Panchayat
Rep. by its Secretary,
Naya Bazar, Kasargod,
Kerala - 671 324.
...Respondent(s)
For Applicant (s): Suo Motu
For Respondent(s): Mr. G. Vignesh represented
Mr. E.K. Kumaresan for R1 to R4 & R6.
Mrs. V.K. Rema Smrithi for R5.
Mr. Dinesh Rao for R7.
Judgment Reserved on: 13th March, 2026.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The present Original Application has been registered suo motu by this Tribunal considering the issues raised in the report dated 26.06.2023 received from Hon'ble Mr. Justice A.V. Ramakrishna Pillai, Former Judge of Hon'ble High Court of Kerala & Chairman, State Level Monitoring Committee (SLMC), Kerala.
2. The report concerns the dumping of waste in the abandoned laterite stone quarry located at Kubanoor in Mangalpady Grama Panchayat, Kasaragod District, Kerala.
3. The report indicates that the abandoned laterite mine, having an extent of about 2.5 acres, has been used as a dumping yard for unsegregated municipal solid waste for the past 18 years. Approximately 15-20 tonnes of solid waste per day were reportedly dumped at the site without scientific segregation or processing.
4. It is further reported that since the site was originally a laterite quarry, nearly 90% of the accumulated waste lies below the surface level, aggravating the environmental hazard.
Page 2 of 85. The report also states that Mangalpady Grama Panchayat, having a population exceeding one lakh, had been transporting the entire municipal waste generated within its jurisdiction to the said location without proper segregation or treatment.
6. Local residents have also raised serious grievances regarding the unscientific dumping of waste. During the monsoon season, leachate from the accumulated waste flows into nearby residential premises due to the uneven terrain and hill slope, causing environmental pollution and posing serious health risks.
7. It is further stated in the report that the Kerala State Pollution Control Board had conducted inspections and issued directions to the Panchayat to ensure compliance with the Solid Waste Management Rules, 2016. However, the Panchayat failed to comply with such directions and the Board has initiated action for imposing Environmental Compensation for non-compliance.
8. Upon notice, the Additional Secretary, Local Self Government Department, Government of Kerala, submitted that the Material Collection Facility (MCF) of Mangalpady Grama Panchayat is situated at Kubanoor in Manjeswaram Block Panchayat of Kasaragod District. The waste collected through Haritha Karma Sena from households and establishments is transported to the said MCF for management of non- biodegradable waste.
9. The Panchayat has entered into an agreement with M/s.Green Village, a Haritha Sahaya Sthapanam, for management of non-biodegradable waste and the waste stored at the MCF is periodically lifted by the contractor for further processing.
10. According to the total station survey conducted at the site, approximately 15,697.32 cubic meters of legacy waste is present at the Kubanoor dump site. To address the issue of accumulated legacy waste, the Panchayat has undertaken a biomining project under the Centrally Sponsored Scheme fund of Rs.1.50 Crores and the local body's Development fund of Rs.50 Lakhs.
Page 3 of 811. The tender for the bio-mining project was evaluated by the District Level Technical Committee and M/s. MCK Kutty Engineering Pvt. Ltd. was found technically qualified. The work was subsequently awarded to the said agency and the site has been handed over to the contractor for commencement of the bio- mining work.
12. In the latest status report dated 12.03.2026 of the Additional Secretary, Local Self Government Department, Government of Kerala, it was stated that a joint inspection was conducted by the Technical Consultant of Suchitwa Mission, the Deputy District Coordinator of Kerala Solid Waste Management Project and the Assistant Engineer of the Panchayat.
13. As on 09.03.2026, about 7,063.821 cubic meters of waste (approximately 45%) had been bio mined and removed and the bio-mining project is expected to be completed within two months.
14. The implementing agency - M/s. MCK Kutty Engineering Projects Pvt. Ltd. has obtained the necessary Consent to Operate from the Kerala State Pollution Control Board. Machinery including one trommel unit with a capacity of 400 tonnes per day and seven conveyor belts, 2units of Air Density Separator, 1 Unit JCB, 1 unit of Diesel Generator has been installed at the site.
15. However, it was observed during inspection that adequate fire safety systems were not available at the site, and instructions were issued to install the same and remove Refuse Derived Fuel (RDF) was given to the Mangalpady Grama Panchayat and Assistant Engineer.
16. The Additional Secretary, Local Self Government Department also submitted that waste collection and processing in certain areas of the Panchayat had been entrusted to private agencies. Through a contract with Clean Kerala Company Limited, about 128 tonnes of legacy waste had been removed. Decentralised waste management measures such as bio-bins and ring composting systems at household level have been introduced and waste management schemes have been incorporated in the Annual Plan 2023-24.
Page 4 of 817. The Kerala State Pollution Control Board submitted that, following a fire incident at the Kubanoor dump site on 14.02.2024, a show cause notice was issued to the Panchayat for failure to comply with the Solid Waste Management Rules, 2016. An inspection conducted on 14.03.2025 revealed that although door-to-door waste collection was being carried out through Haritha Karma Sena, non-biodegradable waste was being dumped without adequate segregation behind the collapsed MCF facility, which was not re-established after the fire incident. The site lacked fire-fighting equipment, power supply and other necessary safety infrastructure.
18. The Secretary of the Mangalpady Grama Panchayat and District Collector of Kasargod District has also submitted a report which is more or less reiterating the contentions raised by the other official respondent as stated supra.
19. Upon consideration of the submissions made by the respondents and the materials placed on record, this Tribunal observes that the dumping of municipal solid waste at the Kubanoor site for nearly eighteen years without any scientific processing or segregation clearly reflects serious lapses on the part of the Mangalpady Grama Panchayat to comply with its statutory obligations relating to Solid Waste Management Rules, 2016. Such inaction constitutes a clear violation of the Rule, 2016 under section 11 which mandated the duties of the Secretary-in- charge of Urban Development in the States and Union Territories, and Section 13, states the duties of the Secretary-in-charge of Village Panchayats or the Rural Development Department. The continued failure to ensure scientific handling, segregation, and disposal of waste demonstrates non-compliance with these statutory provisions.
20. As stated in the status report, the bio-mining was expected to be completed within two months. However, in light of environmental concerns, the process must be expedited and completed as swiftly as possible, leaving no scope for fire or further environmental degradation. Given the gravity of the issue, immediate and prompt recovery action is required.
Page 5 of 821. Though remedial measures such as bio-mining of legacy waste and decentralized waste management practices have now been initiated, the implementation of these measures appears to have been considerably delayed. The Tribunal also notes that the absence of adequate fire safety infrastructure at the bio-mining site poses a significant safety risk and requires immediate attention.
22. For the past violations, namely the inadequate segregation of non-biodegradable waste, the failure to commence bio-mining of legacy waste at the earliest, the failure to obtain the requisite authorization under the Solid Waste Management Rules, 2016, as well as the Integrated Consent to Operate for bio-mining activities, despite repeated directions, the Kerala State Pollution Control Board issued a show cause notice followed by a final direction under Section 5 of the Environment (Protection) Act, 1986 dated 30.06.2025. By the said order, environmental compensation to the tune of Rs.60,00,000/- was levied upon the concerned local body.
23. It is further observed that none of the Respondents have placed on record any concrete or scientifically backed plan for restoration, remediation, or future utilization of the site. The absence of any proposed course of action for ecological restoration and prevention of further environmental degradation renders the issue a continuing environmental concern. Hence, the environmental compensation amount assessed shall be utilized for restoration and remediation of the subject site, in a time-bound manner, under the supervision of the Kerala SPCB.
24. It is pertinent to note that, globally, abandoned quarries are being rehabilitated and reused into environmentally sustainable and economically beneficial spaces such as eco-parks, tourism zones, botanical gardens, including underground luxury hotels, as has been built in Shanghai, China. In stark contrast, the respondents here have converted the abandoned quarry in the State of Kerala - "God's Own Country" into a dumping yard for municipal solid waste. Such conduct is highly deplorable and warrants immediate remedial measures.
Page 6 of 825. In view of the above observations, this Tribunal issues the following directions:
(i) Mangalpady Grama Panchayat shall ensure that the bio-mining work at the Kubanoor dump site is completed as expeditiously as possible.
(ii) Adequate fire safety infrastructure, including fire-
fighting equipment, water storage facilities and emergency response systems, shall be installed immediately at the bio-mining site.
(iii) The Panchayat shall ensure strict compliance with the Solid Waste Management Rules, 2026, from 1st April, 2026, including segregation of waste at source and scientific processing of municipal solid waste.
(iv) Necessary monitoring, erection of warning boards to prevent future dumping of waste and surveillance measures, including CCTV surveillance, shall be maintained to prevent further illegal dumping of waste at the Kubanoor site.
(v) The Kerala State Pollution Control Board shall continue to monitor the bio-mining operations and to utilize the environmental compensation of Rs.60 Lakh imposed on the local body for restoration of the land.
(vi) The Additional Secretary, Local Self Government Department shall submit a compliance report before the Tribunal within three months regarding completion of bio-mining and restoration of the site. (To be noted is that the Local Self Government Department has sought for two months' time to complete the balance 55% of biomining as per the report dated 12.03.2026) Page 7 of 8
26. With the above directions, the Original Application [O.A. No.169 of 2023 (SZ)] stands disposed of. The respondents shall ensure strict compliance with the directions issued by this Tribunal within the stipulated time frame.
27. The compliance report as directed above shall be filed before this Tribunal through the Additional Secretary, Local Self Government Department, within a period of three months from the date of this order.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Prashant Gargava, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.169/2023 (SZ) 24th March, 2026. Mn.
Page 8 of 8