Kerala High Court
R.Sudha vs Union Of India on 1 October, 2020
Equivalent citations: AIR 2021 (NOC) 460 (KER.), AIRONLINE 2020 KER 1336
Author: Shaji P. Chaly
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 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942
WP(C).No.34496 OF 2009(S)
PETITIONER:
R.SUDHA,
ADVOCATE, VATTOLI COMPLEX, COMPARA JUNCTION, NEAR
HIGH COURT, ERNAKULAM.
BY ADVS.
SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY MINISTRY OF ENVIRONMENT AND FORESTS,
NEW DELHI.
2 STATE OF KERALA
REPRESENTED BY SECRETARY, MINISTRY OF ENVIRONMENT AND
FORESTS, SECRETARIAT, THIRUVANANTHAPURAM.
3 THE PRINCIPAL CHIEF FOREST CONSERVATOR OF FOREST,
THIRUVANANTHAPURAM.
4 THE CHAIRMAN
CENTRAL POLLUTION CONTROL BOARD, NEW DELHI.
5 THE CHAIRMAN,
KERALA STATE POLLUTION CONTROL BOARD,
THIRUVANANTHAPURAM.
6 THE DIVISIONAL FOREST OFFICER,
MUNNAR, IDUKKI DISTRICT.
WP(C).No.34496 OF 2009(S) 2
7 THE CHIEF WILD LIFE WARDEN,
KERALA STATE, THIRUVANANTHAPURAM.
8 THE DISTRICT COLLECTOR,
MUNNAR, IDUKKI.
9 ADDL.R9- THE CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, TRIVANDRUM.
(ADDL.R9 IS SUO MOTU IMPLEADED AS PER ORDER DATED
10.03.2011 IN W.P.(C)
10 ADDL.R10- SHAMEER,
AGED 36 YEARS
SECRETARY, CLEAN KERALA WELFARE SOCIETY, 31/86-A2,
CHEMMANAM BUILDING, JANATA JUNCTION, VYTTLILA,
KOCHI - 682 019.
(ADDL.R10 IS IMPLEADED AS PER ORDER DATED,
22.08.2011 IN IA.11812/2011).
11 ADDL.11- M/S AQUAKEM ENGINEERS (INDIA) PRIVATE
LIMITED,
28/991-A, PONNETH TEMPLE ROAD, KADAVANTHRA P.O.,
KOCHI-682 020, REP. BY ITS DIRECTOR.
R11 IS IMPLEADED VIDE ORDER DATED 22.09.2011 IN
I.A.15022/11.
12 ADDL.12- THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM.
ADDL. R12 IS SUO MOTU IMPLEADED VIDE ORDER DATED
31.10.2011 IN WPC.
13 ADDL.13- VADAVUKODU- PUTHENCRUZ GRAMA PANCHAYATH,
PUTHENCRUZ, REPRESENTED BY ITS SECRETARY.
14 ADDL.14- REMA SAJU,
W/O.SAJU, PRESIDENT, VADAVUKODU- PUTHENCRUZ GRAMA
PANCHAYATH, PUTHENCRUZ VILLAGE.
15 ADDL15-JINI JITH,
AGED 36 YEARS
W/O JITH, WARD MEMBER, VADAVUKODU- PUTHENCRUZ GRAMA
PANCHAYATH, RESIDING AT MUTHEDATHATUPARAMBIL HOUSE.
WP(C).No.34496 OF 2009(S) 3
16 ADDL.16- ABDUL BASHEER,
S/O HASSAN, KOYIKKAL HOUSE, BRAHMAPURAM P.O.,
PUTHENCRUZ VILLAGE.
17 ADDL.17- M.V. POULOSE,
S/O VARKEY, MALERIL HOUSE, BRAHMAPURAM P.O.,
PUTHENCRUZ VILLAGE.
ADDL. R13 TO R17 ARE IMPLEADED VIDE ORDER DATED
25.11.2011 IN I.A.18819/2011.
18 ADDL.R18- COCHIN CORPORATION,
REPRESENTED BY ITS SECRETARY.
19 ADDL.R19- MUNNAR PANCHAYAT,
REPRESENTED BY ITS SECRETARY.
ARE IMPLEADED SUO MOTU AS ADDITIONAL RESPONDENT
NOS.18 AND 19 VIDE ORDER DATED 25/11/2011.
R1 BY SRI.P.VIJAYAKUMAR, ASG FOR R1
ADV. SRI.S.SUBHASH CHAND ADV.COMMISSIONER
ADV. SRI.S.RAJEEV
ADV. SRI.S.SUJIN
ADV. SRI.M.K.CHANDRAMOHAN DASSCPOLL.C.BOAR
R2, R3, R6-R9 BY SRI.ARAVIND KUMAR BABU, SENIOR
GOVERNMENT PLEADER
R4 BY ADV. SRI.N.N.SUGUNAPALAN (SR.)
R4 BY ADV. S.SUJIN
R5 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION
CONTROL BOARD
R5 BY SRI T.NAVEEN, SC FOR POLLUTION CONTROL BOARD.
R13-R17 BY ADV. SRI.TITTO THOMAS
R13-R17 BY ADV. SRI.G.KRISHNAKUMAR
R18 BY SRI.BABU KARUKAPADATH,SC,COCHIN CORPORA
R19 BY SRI.ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.34496 OF 2009(S) 4
JUDGMENT
SHAJI P. CHALY,J This is a Public Interest Litigation filed by an Advocate practising in the High Court of Kerala, who is said to be interested in taking up various public issues including environment protection. The basic contention advanced by the writ petitioner is that unmindful of the larger public interest, effluents and various kinds waste especially septic tank waste are being dumped into rivers, lakes, springs and streams in Munnar at the instance of the resort owners and there is deliberate inaction on the part of the State Government, the Pollution Control Board and the Munnar Grama Panchayat in curbing the nuisance.
2. Munnar is one of the most beautiful hill stations in India and well recognised and accredited internationally as a tourist destination, situated in Idukki District. It has got its own unique and peculiar features, and it is the grassland ecosystem which differentiates the Munnar hill station from the other hill stations in India. The Munnar area is mostly planted with tea, and the tea estates are managed by various companies like Tata Tea, Harrison Malayalam etc. Yet another distinct feature of Munnar is the Idukki Wildlife Sanctuary, Periyar Tiger Reserve and Chinnar Wildlife Sanctuary wherein an enormous number of WP(C).No.34496 OF 2009(S) 5 endangered species, of animals and plants are protected, and they are in the peripheries of Munnar. That apart the Eravikulam National Park, wherein an endangered species of animal called Nilgiri Thar is protected, which park is situated in the core area of Munnar hill station, apart from yet another distinctive feature of nearer Marayoor Sandalwood Reserve. Due to the pleasant climatic conditions, it is a most sought after destination for the tourists and consequently to accommodate the tourists many resorts have come up in and around Munnar.
3. According to the petitioner, the waste that is generated in the Munnar area is unable to be managed by the Government and the Grama Panchayat, so as to sustain the finer graces of the ecology. Even though various complaints were made by the local people, in respect of dumping of septic tank waste in the rivers and lakes of Munnar, no action was initiated. Even though the Police was also apprised of the situations, no adequate action was taken.
4. Exhibit-P1 is the paper report submitted by the petitioner appeared in a newspaper dated 21.10.2009, carrying the news of dumping sewage waste. It appears that since the authorities have not cared to take action petitioner has addressed the then Minister of state for Environment and Forest, New Delhi, the concerned Secretary of the State Government, the Central Pollution Control Board, the State Pollution Control Board, the Wild Life WP(C).No.34496 OF 2009(S) 6 Warden and the Chief Conservator of Forest by Ext.P2 complaint. In Ext.P2 complaint, petitioner has reminded all the authorities of the damage that was occurring due to the callous and negligent attitude of the statutory authorities and also reminded the obligations and duties conferred on the State Government, the local bodies as per the provisions of the Constitution of India. Thereupon, it was requested to take appropriate action to ensure that the resorts, hotels and restaurants situated in and around Munnar have sufficient facilities to treat the waste. Stringent action was also sought against all who violate the law.
5. Anyhow it is the contention of the petitioner that in spite of all earnest efforts, the authorities have not taken any action to redress the grievances put forth by the petitioner in the larger interest of the public. It is thus seeking the following reliefs the writ petition was filed:
i) To issue a writ of mandamus directing the respondents to ensure that all the Resorts, Hotels and Restaurants situated in and around Munnar is having sufficient facilities to treat the wastes;
ii) To issue a writ of mandamus directing the respondents to take stringent actions against the owners of the Resorts for discharging the septic tank and other wastes into the rivers, lakes, streams etc., in and around Munnar, Eravikulam National Park, Periyar Tiger Reserve, Chinnar and Idukki Wildlife Sanctuaries;
iii) To issue a writ of mandamus directing the respondents to ensure that no Resorts, Hotels or Restaurants are dumping septic tank and other wastes into the rivers, lakes, streams, springs of rivers at Munnar;
iv) To issue a writ of mandamus directing the WP(C).No.34496 OF 2009(S) 7 respondents to launch prosecution proceedings against the Resorts, Hotels and Restaurant owners for dumping septic tank and other wastes into the rivers, lakes, streams, springs and rivulets at Munnar;
v) To issue a writ of mandamus directing the respondents to conserve and preserve all rivers, lakes rivulets, springs and streams in Munnar without any contamination and pollution
6. The official respondents have filed separate counter affidavits basically submitting that when complaints were received actions were launched against the perpetrators of law and it was ensured that the hotels and resorts are maintaining treatment and effluent plants. The State Pollution Control Board(PCB) has pointed out the facts and figures with respect to the hotels and the resorts situated in and around Munnar and it has suggested various courses of action to be adhered to by the waste generators.
7. Reading of the counter affidavit of the Pollution Control Board, explicitly make it clear that due to the dumping of waste by the industries, hotels, slaughter houses etc., pollution is caused in the Munnar area, and it is significant to note that many of the establishments were functioning, without even securing valid consent from the PCB. It seems that PCB has taken steps by directing the Panchayat not to issue/renew licences to the industries etc., without valid consent from the PCB, with the hopeful intention of ensuring adequate mechanism for waste management. The communication so issued by the PCB is WP(C).No.34496 OF 2009(S) 8 produced as Exts.R5(a) to R5(d). It is also stated that unless and until appropriate septage disposal facilities are provided by such establishments, it can severely damage the environment.
8. The Chief Wildlife Warden has filed a counter affidavit basically admitting that there is dumping of septage by hotels and waste by the establishments as well as the tourists visiting the place. It is also admitted that the tribal people, local residents and even hoteliers are using water from the streams flowing from hill tops which are the tributaries of the main river at Munnar for their day to day needs.
9. A counter affidavit is also filed for and on behalf of the District Collector, Idukki stating that the submissions made by the petitioner are already under the serious consideration of the State Government and the State is taking various steps to protect this area from illegal encroachment and unauthorised constructions. It is also submitted that with a view to protect illegal activities a special task force was constituted in 2007 and illegal constructions were demolished. Apart from the same it is stated that keeping in view of the atrocities against nature and wild life the Government is preparing a master plan to protect Munnar.
10. The State Environment Department has also filed a counter affidavit basically stating that as per the WP(C).No.34496 OF 2009(S) 9 provisions of the Kerala Panchayat Raj Act, 1994 and the attendant Rules, it is incumbent upon the appropriate local bodies to take appropriate action, especially due to the fact that the water bodies and the lakes and rivers are vested in such local bodies consequent to the provisions of the Act 1994. Anyhow,presumably, taking into account the disastrous and deplorable situations prevailing in the Munnar area the Environment Secretary convened a meeting of various authorities including the Pollution Control Board, Panchayat etc. and analysed the situations. It is also submitted that review meetings were also held to follow up the obligations undertaken by the local body and the departments of the State Government.
11. Later on the basis of the directions issued by this Court on 12.2.2015, Secretary to the Government, Urban Affairs Department has filed a detailed counter affidavit and it is stated thereunder that considering the necessity for establishment of septage treatment plants State Government has issued G.O(Rt.)No. 1677/2011/LSGD dated 14.7.2011 and have identified land in 9 districts including Idukki. But, there were widespread public protests from all districts, including Idukki, against the establishment of a septage treatment plant. In that view of the matter, in order to convince the public about the gruesome situations prevailing, the Government took a policy decision to start a pilot stand alone project in one district and to start WP(C).No.34496 OF 2009(S) 10 such plants in other districts thereafter. It is also evident from the averments that the Government have allotted 2.5 acres of land in Sy.No.16/1-2 of KDH village, Munnar, for establishing septage treatment plant at Munnar, evident from Annexure-2. Accordingly, the District Collector was asked to examine the suitability of the land and thereupon, the District Collector has constituted a technical committee with representatives of PCB Idukki, Kerala Water Authority, and Kerala State Urban Development Programme. Thereafter, it was informed that the land is suitable for starting the septage treatment plant, and steps were taken to invite tender for establishment of the plant. It is also an admitted fact that such steps were taken by the Government on the basis of the various directions issued by this Court in the present writ petition. Normally, we could have thought that consequent to the interim orders and the steps taken by the Government, everything was put in place, and the grievances highlighted by the writ petitioner would have been complied with, but the Munnar Grama Panchayat has filed a counter affidavit dated 22.9.2020, from where it is clear and evident that so far nothing was done in order to avert the public nuisances putforth by the petitioner.
12. From the affidavit of the Secretary of the Grama Panchayat, it is evident that the Munnar Grama Panchayat is not having any land of its own for any kind of construction WP(C).No.34496 OF 2009(S) 11 or establishment. It seems about 18 years back Panchayat requested the Kannan Devan Hill Plantation Company, which is the largest tea producer in Munnar to allot some land for disposing the waste collected from the Munnar Panchayat area. Accordingly 1.5 acres of land in Kallar area was allotted for disposing the waste collected from the Munnar Panchayat area. Therefore, it is submitted that whatever waste collected from the Panchayat is dumped in the trenching ground at Kallar. It is also pointed out that the Panchayat is treating the solid waste as per the terms and conditions prescribed by the Kerala State Pollution Control Board with the help of 'Suchitwa Mission' and 'Haritha Mission' Government projects. The members of the above missions collect waste, segregate the same, and biodegradable waste is treated at its trenching ground at Kallar and the plastic waste is handed over to the nearby Adimaly Grama Panchayat for treating the same. Various facts and figures from the sale of scrap are also mentioned which are not that enthusiastic worth mentioning when compared to the adverse consequences faced by the ecosystem at Munnar. The action taken by the Panchayat against the violators of law are also mentioned. Whatever that be, now it is significant to note that the Panchayat has taken steps to establish a septage treatment plant, however, since no land is available with the Panchayat or the State Government, a request was made to one of the major Tea WP(C).No.34496 OF 2009(S) 12 companies for providing some land. The request was responded by the company, some land was earmarked and provided to the Panchayat for establishing the treatment plant and a proper waste disposal system. According to the Panchayat, immediately thereafter the Panchayat submitted a proposal before the technical committee constituted by the Government for that purpose, but the proposal has been rejected by the technical committee, citing technical difficulties. Therefore, according to the Panchayat, the proposal for establishing the treatment plant and the waste disposal system has been kept pending for non availability of land.
13. The facts narrated above would make it clear that the State Government, its departments, the technical committee constituted and the Grama Panchayat have not taken any reasonable and adequate steps to explore a permanent solution to protect the Munnar area from the vagaries of the business establishments and the waste dumped by the tourists visiting the beautiful hillock unmindful of its serene beauty. Thus even now the situations that were prevailing at the time of filing the writ petition continues to remain , though some steps were taken for the disposal of the waste taking into account the imperative stipulations contained in the Solid Waste Management (Amended) Rules, 2016.
14. Anyhow it is evident from the affidavit that the WP(C).No.34496 OF 2009(S) 13 issue has gathered the attention of the National Green Tribunal, Southern Bench on the basis of a news published in one of the newspapers and suo motu proceedings were initiated by registering Application No.78 of 2017 (SZ), which is pending consideration. It is also apparent that interim directions were issued to collect and treat waste as per the Solid Waste Management (Amended) Rules, 2016.
15. Be that as it may, as discernible from the latest affidavit, now the Munnar Grama Panchayat has taken a decision on 23.4.2020 to remove the legacy waste accumulated in the Kallar trenching ground and for a proper disposal of the accumulated waste. It is also submitted that an amount of Rs.1 Crore has been earmarked in the 2020
- 2021 Annual Plans for the complete removal of legacy waste accumulated, as stated above. It is also submitted that the above project has been approved by the District Planning Committee and the Panchayat Committee has decided to prepare requisite estimate for the project and assign the charge to Assistant Engineer, Local Self Government Department (LSGD), Munnar, for taking steps to obtain technical approval for the project and that, the mandate for inviting tender has been fixed.
16. So also it is stated that arrangements are made for finalising the tender with regard to the removal of the legacy waste also evident from Ext.R19(a) dated 23.4.2020. It is submitted that the National Green Tribunal in the WP(C).No.34496 OF 2009(S) 14 aforesaid proceedings has issued an interim direction to the Grama Panchayat to establish the septage treatment plant and therefore, the Panchayat has decided to set apart its trenching ground at Kallar to establish the septage plant after removing the legacy waste. Necessary requests are also seen made to the Pollution Control Board and the State Government for adequate funds to establish the plant. Panchayat has also decided to prepare a detailed project report for construction of the treatment plant and the Secretary was entrusted to take steps to invite tenders. Though tender notifications were published for removal of legacy waste, only one agency applied for the same and thereupon the Panchayat committee decided to re- tender the project with adequate conditions in accordance with the procurement manual of LSGD and to get approval of the technical committee nominated by the Panchayat committee. Consequent to the re-tender it is submitted that two companies have come forward and tender submitted by Socio Economic Unit Foundation, Aluva was selected for the project after due verification and evaluation of the bid by the technical committee constituted for the purpose headed by the Sub Collector, Devikulam and other technical and responsible members including the Secretary of the Grama Panchayat. However, thereafter three employees of the Panchayat have been detected with COVID-19 and therefore, the Munnar Grama Panchayat office has been declared as a WP(C).No.34496 OF 2009(S) 15 micro containment zone and consequently the agreement could not be executed. Various steps taken by the Panchayat, the funds allotted for preparing the detailed project report etc. are also pointed out.
17. It is also submitted that though the Executive Director, Suchitwa Mission directed the Panchayat Secretary to hand over an amount of Rs.4,58,60,000/- to the Haritha Mission for removing the legacy waste from Kallar, the Panchayat has expressed its inability to provide funds asked for and also informed that already steps are taken by the Panchayat to remove the legacy waste by inviting tenders. It is also submitted that based on the directions issued by the National Green Tribunal steps are taken to manage the waste in accordance with the provisions of the Solid Waste Management (Amendment) Rules, 2016. These are the basic background facts available before us to dispose of the writ petition.
18. We have heard learned counsel for petitioner Sri.A.V.Jojo, learned Senior Government Pleader Sri.Aravind Kumar Babu learned Standing Counsel for the Grama Panchayat Sri.Arun Thomas, Sri T Naveen for the PCB and perused the entire materials on record and the pleadings put forth by the respective parties.
19. The sum and substance of the contentions put forth make it clear and vivid that no adequate steps are taken by the Government and the Grama Panchayat to maintain and WP(C).No.34496 OF 2009(S) 16 sustain the ecology,the ecosystem and the environment of the Munnar area. As we have pointed out earlier the State Government, the Grama Panchayats concerned and the departments and other bodies constituted for the protection of environment have a duty to ensure that the pristine beauty of the hillock is sustained and maintained to remain in its glory, since it has got its own relevance, significance and tourist potential.
20. Even though consequent to the introduction of the Kerala Panchayat Raj Act, 1994, the Panchayats are endowed with the responsibilities in accordance with the provisions of the Kerala Panchayat Raj Act,still the State Government is also responsible for ensuring that the local bodies discharge and carry out the obligations and duties in accordance with the provisions of the Act and the Rules constituted for the purpose. We are constrained to say that, since in spite of the pendency of this writ petition for the past 11 years, and periodic interim orders were passed, no substantial and adequate steps were taken by any of the authorities including the State Government for establishing a septage treatment plant. According to us it should have been done on a war footing which would have been a responsible approach on the part of all concerned. It may be true that the water course, springs, reservoirs etc. were vested in the Grama Panchayats pursuant to section 218 of the Kerala Panchayat Raj Act, 1994, but WP(C).No.34496 OF 2009(S) 17 that doesn't mean that the State Government can remain as a mere spectator. If the local bodies have failed to discharge their duties and obligations there are enough and more powers granted under the Kerala Panchayat Raj Act, 1994 for the State Government to step in and take appropriate action. We are also of the clear opinion that the State Government has a duty also to ensure that if the Panchayats are not having sufficient funds to provide sufficient funds, which is quite clear and evident from section 181 and other provisions of the Kerala Panchayat Raj Act, 1994.
21. Apart from the same, the District Panchayat as well as the Block Panchayat are also endowed with duties, functions and responsibilities as per section 172 and 173 of Act, 1994 to provide sufficient funds and implement the major projects launched by the Grama Panchayats. It is also clear from the Schedule III and the provisions of Act, 1994 that environment protection, protection of public lands against encroachment, maintenance of traditional drinking water sources, preservation of ponds and other water tanks, maintenance of waterways and canals under the control of the village Panchayat, collection and disposal of solid waste and regulation of liquid waste disposal, maintenance of environmental hygiene, regulation of slaughtering of animal etc. issuance of licenses etc. to dangerous and offensive trades, and provision for toilet facilities and WP(C).No.34496 OF 2009(S) 18 bathing ghats at public places are all mandatory functions expected to be discharged by the Panchayat without fail.
22. However, it is disturbing to note that the Panchayats at all levels and the State and its departments have not taken adequate and sufficient steps for discharge of their duties in contemplation of the statutory provisions discussed above. Added to this are the functions to be discharged by the local bodies on the basis of the Plastic Waste Management Rules, 2016 constituted as per the provisions of the Environment (Protection) Act, 1986 by the Central Government. Under the said Rules, the responsibility of the local body is prescribed under rule 6 whereby every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of plastic waste either on its own or by engaging agencies or producers.
23. The management of the plastic waste under the Rules is the responsibility of the local body. The local body is also to ensure that the waste generators shall take steps to minimise generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management (Amended) Rules, 2016. So also there is every responsibility to the local bodies to discharge their obligations delineated under the Solid Waste Management Rules, 2016 also constituted by the Ministry of WP(C).No.34496 OF 2009(S) 19 Environment, Forest and Climate Change, Government of India. Above all these aspects the State Government and the Local Self Government Institutions are duty bound to protect the life and liberty guaranteed to the citizens under Article21, Part III of the Constitution of India, and further to take adequate steps to discharge the obligations created under the directive principles under Part IV of the Constitution of India and the fundamental duties under Part IVA of the Constitution.
24. Anyhow, at least at this late stage, the State Government and the Panchayat have realised the situation. In the counter affidavit filed by the Panchayat, it has sought for one year time to complete the removal of legacy waste and the establishment of the septage treatment plant, in accordance with Solid Waste Management (Amended) Rules, 2016. Taking into account the above aspects, this writ petition is allowed with the following directions:
A) The Munnar Grama Panchayat shall take steps to remove the legacy waste at its Kallar trenching ground within six months from the date of receipt of a copy of this judgment without fail.
B) The Grama Panchayat shall complete the construction of the septage treatment plant within six months from the date of complete removal of the septage waste as directed above.
C) The directions issued by the National WP(C).No.34496 OF 2009(S) 20 Green Tribunal in the pending suo motu proceedings specified above shall be complied with, as well general directions issued in any disposed matters. D) The State Government shall ensure through the District Collector Idukki and the Sub Collector Devikulam that the Munnar Grama Panchayat is discharging its duties and obligations contained under the Kerala Panchayat Raj Act, 1994.
E) The said direction will not stand in the way of the State Government constituting any committee to protect and maintain the environmental hygiene of the entire Munnar area including its rivers, water bodies and springs by ensuring suitable co-operation of the Panchayat in accordance with law. F) The financial responsibility of the State Government, and financial benefits of any programmes, missions, and the financial benefits accrued from any funding of the Central Government or any other scheme, shall be provided to the Panchayats without fail, apart from discharging the statutory responsibilities of the State Government under the Act, 1994 in respect of the financial matters and others.
G) The Panchayat shall take immediate and appropriate action against the waste generators in terms of the provisions of the Panchayat Raj Act, 1994.
H) The Secretary of the Grama Panchayat is directed to seek appropriate Police WP(C).No.34496 OF 2009(S) 21 assistance to avert any public nuisance caused due to dumping of waste by the waste generators and if and when any such request is made the District Collector, Idukki shall ensure that sufficient assistance is provided by the Police as well as the District Administration for taking appropriate action.
I) The Secretary of the Grama Panchayat is also directed to submit periodic reports to the Secretary of the Local Self Government Department, Government of Kerala, on completion of every three months starting from today and the Secretary, Local Self Government Department shall ensure that the removal of waste, the establishment of septage plant and the management of the waste is done by the Grama Panchayat, in an appropriate manner.
J) In the event of any failure on the part of
any of the departments of the State
Government, the Panchayat, and the
Pollution Control Board, the petitioner is at liberty to bring it to the notice of this Court by filing appropriate application in the writ petition in question.
K) The Kerala State Pollution Control Board, District Office, Idukki is directed to supervise, enquire and investigate the functioning of the treatment plants maintained by the establishments in the Munnar area and to ensure that waste generated in such establishments are not WP(C).No.34496 OF 2009(S) 22 dumped in any public property.
L) The Pollution Control Board, Idukki shall ensure that the treatment plant of the establishments are functioning, on a day to day basis.
M) The Pollution Control Board, Idukki shall also ascertain and ensure that the establishments which require the consent from the Pollution Control Board are not functioning without securing consent from the Pollution Control Board.
N) All necessary and adequate steps shall be taken by the Panchayats as well as the District Administration to protect the environmental hygiene in the Munnar area without fail.
O) The District Collector, Idukki shall also ensure that the removal of the legacy waste and the construction of the septage plant are carried out by the Panchayat in its trenching yard without the interference of any third persons in order to complete the said activities within the time frame fixed by this court as above.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY
smv JUDGE
W.P(C) 34496/2009 23
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NEWS ITEM REPORTED
IN THE NEW INDIAN EXPRESS DATED
21.10.2009
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS DATED 4.11.2009
EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGE CARD
ISSUED BY THE 3RD RESPONDENT ON
RECEIPT OF EXHIBIT P2 REPRESENTATION EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGE CARD ISSUED BY THE 4TH RESPONDENT ON RECEIPT OF EXHIBIT P2 REPRESENTATION EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGE CARD ISSUED BY THE 8TH RESPONDENT ON RECEIPT OF EXHIBIT P2 REPRESENTATION EXHIBIT P6 NIL EXHIBIT P7 NIL EXHIBIT P8 NIL EXHIBIT P9 NIL RESPONDENT'S EXHIBITS:
EXHIBIT R1 NIL EXHIBIT R2 NIL EXHIBIT R3 NIL EXHIBIT R4 NIL EXHIBIT R5 A A TRUE COPY OF THE LIST OF HOTELS
REPORTS IN MUNNAR STATING THE STATUS W.P(C) 34496/2009 24 OF WASTE MANAGEMENT FACILITIES THEREIN EXHIBIT R5 B A TRUE COPY OF THE ORDER OF REFUSAL OF THE CONSENT TO OPERATE NO.PCB/1DK/W/16/2006 DATED 5.12.2009 EXHIBIT R5 C A TRUE COPY OF THE LETTER DATED 6.8.2010 TO THE PANCHAYAT EXHIBIT R5 D A TRUE COPY OF THE LETTER DATED 21.1.2011 TO THE SECRETARY MUNNAR PANCHAYAT ANNEXURE I TRUE COPY OF THE AFFIDAVIT DATED 23.2.2011 ANNEXURE II TRUE COPY OF THE MINUTES DATED 11.2.2011 ANNEXURE III TRUE COPY OF THE MINUTES DATED 25.2.2011 ANNEXURE R1 CIRCULAR NO,18163/A1/09/ENVT. DATED 8.4.2011 ANNEXURE R2 NOTE NO.18163/A/09/ENVT. DATED 8.4.2011 ANNEXURE R3 DIRECTIONS ISSUED BY GOVT., VIDE NOTE NO18163/A1/09/ENVT. DATED 8.4.2011 ANNEXURE R4 MINUTES OF THE MEETING CHAIRED BY THE ADDL. CHIEF SECRETARY ANNEXURE R5 ACTION TAKEN REPORT W.R.T. LAND ACQUISITION AND SEPTAGE TREATMENT PLANT EXHIBIT R6 NIL EXHIBIT R7 NIL W.P(C) 34496/2009 25 EXHIBIT R8 NIL EXHIBIT R9 A COPY OF BY-LAW OF THE SOCIETY EXHIBIT R9 B COPY OF THE MEMORANDUM OF ASSOCIATION OF THE SOCIETY EXHIBIT R9 C COPY OF CERTIFICATE OF REGISTRATION EXHIBIT R9 D COPY OF THE REPRESENTATION SUBMITTED BY THE SOCIETY TO COCHIN CORPORATION EXHIBIT R9 E COPY OF THE PROJECT REPORT SUBMITTED BY THE AQUAKEM ENGINEERS (INDIA) PVT LTD., ERTNKUALAM EXHIBIT R9 F COPY OF THE BROCHURE OF COMPNAY AQUAKEM ENGINEERS (INDIA) PVT LTD.
(RELEVANT PAGES) EXHIBIT R2 A A TRUE COPY OF THE GOVERNMENT ORDER VIDE GO(RT).1677/2011/LSGD DATED 14.7.2011 EXHIBIT R2 B A TRUE COPY OF THE CONCEPT DOCUMENT EXHIBIT R10 NIL EXHIBIT R11 NIL EXHIBIT R12 NIL EXHIBIT R13 A ROUGH SKETCH SHOWING THE LIE AND NATURE OF BRAHMAPURAM WASTE DISPOSAL YARD, KADMBRAYAR, CHITHRAPUZHA, MANAKATHODU AND CHAMBAKKARA KANAL EXHIBIT R13 B TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE UNION OF INDIA IN WPC.9700/2012 EXHIBIT R1 A LIST OF STATE NODAL OFFICERS EXHIBIT R1 B TRUE COPY OF GO(MS) NO.222/2013/LSGD W.P(C) 34496/2009 26 DATED 15.6.2013 EXHIBIT R1 C TRUE COPY OF THE DETAILS OF ACHIEVEMENTS OF THE ACTIVITIES UNDERTAKEN BY THE STATE NODAL OFFICERS AND DISTRICT COORDINATORS EXHIBIT R1 D TRUE COPY OF MINUTES CONVENED ON 4.6.2013 EXHIBIT R1 E TRUE COPY OF THE DETAILS AND STATUS OF THE LAND TRANSFER IN ALL DISTRICTS EXHIBIT R1 F TRUE COPY OF TARGET FIXED FOR IMPLEMENTING SEPTAGE TREATMENT PLANT IN 13 DISTRICTS EXHIBIT R1 G TRUE COPY OF THE STATUS AND DETAILS OF CLEARANCES OBTAINED FOR IMPLEMENTING SEPTAGE TREATMENT PLANTS WITH ENGLISH TANSLATION OF MALAYALAM EXHIBITS EXHIBIT R1 H TRUE COPY OF RELEVANT DATA REGARDING TRANSFER OF CASES TO NATIONAL GREEN TRIBUNAL, CHENNAI EXHIBIT R1 I TRUE COPY OF THE PRESENT STATUS AND DETAILS OF THE PROJECT AT KOCHI CORPORATION EXHIBIT R1 J TRUE COPY OF THE DETAILS AND STATUS OF IMPLEMENTATION OF THE PROJECT AT BRAHMAPURAM EXHIBIT R1 K TRUE COPY OF DETAILS AND STATUS OF SEPTAGE TREATMENT PLANT AT ELAMKULAM, KOCHI EXHIBIT R1 L TRUE COPY OF DETAILS OF SEPTAGE TREATMENT PLANT FOR ALAPPUZHA DISTRICT W.P(C) 34496/2009 27 EXHIBIT R1 M TRUE COPY OF DETAILS OF SEPTAGE TREATMENT PLANT FOR PALAKKAD DISTRICT EXHIBIT R1 N TRUE COPY OF THE ANALYTICAL RESULTS OF SLUDGE SAMPLE AND QUALITY OF TREATED EFFLUENT DISCHARGED FROM STP AT TRIVANDRUM EXHIBIT R1 O TRUE COPY OF DETAILS AND STATUS OF STP AND CO-TREATMENT OF SEPTAGE IN KOLLAM DISTRICT EXHIBIT R1 P TRUE COPY OF THE WPC.2250/2011 WITHOUT EXHIBITS EXHIBIT R1 Q TRUE COPY OF PRESENT STATUS AND DETAILS OF STP FOR KOZHIKODE CORPORATION ANNEXURE R5 A A TRUE COPY OF LETTER ISSUED TO MUNNAR GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 20.7.2012 ANNEXURE R5 B A TRUE COPY OF LETTER ISSUED TO MUNNAR GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 22.10.2012 ANNEXURE R5 C A TRUE COPY OF LETTER ISSUED TO MUNNAR GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 27.11.2012 ANNEXURE R5 D A TRUE COPY OF LETTER ISSUED TO MUNNAR GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 23.3.2013 ANNEXURE R5 E A TRUE COPY OF LETTER ISSUED TO MUNNAR GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 14.8.2013 W.P(C) 34496/2009 28 ANNEXURE R5 F A TRUE COPY OF LETTER ISSUED TO MUNNAR GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 27.5.2014 ANNEXURE R5 G A TRUE COPY OF NOTICE ISSUED TO MUNNAR GRAMMA PANCHAYATDATED 26.2.2015 ANNEXURE R5 H A TRUE COPY OF LETTER ISSUED TO DEVIKULAM GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 28.2.2015 ANNEXURE R5 I A TRUE COPY OF LETTER ISSUED TO MANKULAM GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 28.2.2015 ANNEXURE R5 J A TRUE COPY OF LETTER ISSUED TO CHINNAKANAL GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 28.2.2015 ANNEXURE R5 K A TRUE COPY OF LETTER ISSUED TO PALLIVASAL GRAMMA PANCHAYAT BY OFFICE LETTER NO.PCB/IDK/COMP/34/2009 ON 28.2.2015 EXHIBIT R19 A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 23/4/2020 BY THE MUNNAR GRAMA PANCHAYAT COMMITTEE ALONG WITH ENGLISH TRANSLATION.
EXHIBIT R19 B TRUE COPY OF THE MINUTES OF THE MEETING OF THE PANCHAYAT COMMITTEE HELD ON 12/5/2020 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT R19 C TRUE COPY OF THE E-TENDER NOTIFICATION PUBLISHED BY THE MUNNAR GRAMA PANCHAYAT IN THE WEBSITE ON 16/5/2020 ALONG WITH ITS ENGLISH W.P(C) 34496/2009 29 TRNSLATION EXHIBIT R19 D TRUE COPY OF THE MINUTES OF THE MINUTES OF THE PANCHAYAT COMMITTEE HELD ON 16/6/2020 ALONG ITS ENGLISH TRANSLATION EXHIBIT R19 E TRUE COPY OF THE E-TENDER NOTIFICATION PUBLISHED BY THE MUNNAR GRAMA PANCHAYAT IN THE WEBSITE ON 13/8/2020 ALONG WITH ITS ENGLISH TRNSLATION EXHIBIT R19 F TRUE COPY OF THE COMMUNICATION SENT BY THE SECRETARY OF THE PANCHAYAT TO THE ENVIRONMENTAL ENGINEER, IDUKKI DISTRICT.
EXHIBIT R19 G TRUE COPY OF THE MINUTES OF THE PANCHAYAT COMMITTEE HELD ON 24/6/2020 ALONG WITH ITS ENGLISH TRNSLATION EXHIBIT R19 H TRUE COPY OF THE LETTER SENT BY THE SECRETARY OF THE PANCHAYAT DATED 22/6/2020 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT R19 J TRUE COPY OF THE E-TENDER NOTIFICATION PUBLISHED BY THE MUNNAR GRAMA PANCHAYAT IN THE WEBSITE ON 18/8/2020 EXHIBIT R19 K COPY OF THE ACTION PLAN PREPARED BY THE PANCHAYAT