Kerala High Court
Suo Motu vs Union Of India on 24 June, 2022
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
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 702 OF 2021
PETITIONER:
MANUSHYAVAKASHA PARISTHITHI SAMRAKSHANA SAMITHY
BEARING REGN. NO. Q. 22/11 KUREEPUZHA,
KAVANADU POST, KOLLAM 3, REPRESENTED BY ITS
SECRETARY RADHAKRISHNAN @ MANALIL SANTHOSH,
AGED 41 YEARS, S/O. KRISHNANKUTTY,
PUTHENVEETTIL, KUREEPUZHA P.O. KAVANADU,
KOLLAM 691 003.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SMT.I.S.LAILA
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
CHANGE, ROOM NO. A338, 3RD FLOOR,
AGNI BLOCK, INDIRA PARIYARVARAM BHAVAN,
JOR BAGH ROAD, NEW DELHI 110003,
REPRESENTED BY SECRETARY.
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM 695 001.
3 THE CORPORATION OF KOLLAM,
NH 66, NEAR RAILWAY STATION, KOLLAM 691 001,
REPRESENTED BY ITS SECRETARY.
4 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION ROAD,
KANKATHUMUKKU, KOLLAM 691 013.
5 KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, KADAPPAKKADA KOLLAM, 691 008
REPRESENTED BY THE ENVIRONMENTAL ENGINEER.
W.P(C) Nos.702/2021 & 17375/2021
2
6 THE CENTRAL POLLUTION CONTROL BOARD,
PARIVESH BHAVAN, CBD CUM OFFICE COMPLEX,
EAST ARJUN NAGAR, NEW DELHI 110032,
REPRESENTED BY ITS CHAIRPERSON.
7 THE KERALA WATER AUTHORITY, CAMP,
KARBALA, KOLLAM, KERALA 691 001 ,
REPRESENTED BY ITS SUPERINTENDENT.
8 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY
SCIENCE AND TECHNOLOGY (A) DEPARTMENT,
SASTHRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM 695 004,
REPRESEND BY ITS MEMBER SECRETARY.
9 HYDROTECH PARYAVARAN (INDIA) PVT. LIMITED,
PLOT NO. F-31, INDUSTRIAL AREA, PHASE VIII,
S A S NAGAR, MOHALI, PUNJAB, 160055
REPRESENTED BY ITS MANAGING DIRECTOR.
10 ABM CIVIL VENTRUES PVT.LTD.,
ABM TOWERS, P.O. BOX, KADVANTHRA,
COCHIN 682 020.
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
S.MANU, ASG OF INDIA-R1
SHRI.P.VIJAYAKUMAR
VINITHA B, SENIOR GOVT. PLEADER-R2 & 4
SHRI.M.K.CHANDRAMOHAN DAS,SC,KOLLAM CORP-R3
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD-R5
SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
SRI.M.P.PRAKASH-R8
SRI.SAJI VARGHESE KAKKATTUMATTATHIL R7
SHRI.M.AJAY R6
P.M.JOHNY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.06.2022, ALONG WITH WP(C).17375/2021,, THE COURT ON
24.06.2022 DELIVERED THE FOLLOWING:
W.P(C) Nos.702/2021 & 17375/2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 17375 OF 2021
PETITIONERS:
SUO MOTU
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY SECRETARY,
MINISTRY OF ENVIRONMENT AND FOREST,
NEW DELHI - PIN - 110001.
2 STATE OF KERALA
REPRESENTED BY SECRETARY, MINISTRY OF
ENVIRONMENT, THIRUVANANTHAPURAM - 695001.
3 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,
THIRUVANANTHAPURAM, PIN - 695004.
4 DISTRICT COLLECTOR
KOLLAM, CIVIL STATION, KOLLAM, PIN - 691013.
5 MANAGING DIRECTOR,
KTDC LTD, MASCOT SQUARE, TRIVANDRUM-695033.
6 ADDL.PRINCIPAL CHIEF CONSERVATOR OF
FOREST(BIODIVERSITY),FOREST HEADQUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014.
7 MEMBER SECRETARY
KERALA STATE LEGAL SERVICES AUTHORITY,
NIYAMA SAHAYA BHAVAN, HIGH COURT COMPOUND,
ERNAKULAM, KOCHI - PIN 682031.
8 SECRETARY
DISTRICT LEGAL SERVICES AUTHORITY,
DISTRICT COURT BUILDINGS,
KOLLAM-PIN- 691013.
W.P(C) Nos.702/2021 & 17375/2021
4
ADDL. R9 THE DISTRICT PANCHAYATH
KOLLAM
ADDL.R10 KOLLAM CORPORATION
REPRESENTED BY ITS SECRETARY
ADDL.R11 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR
ADDL.R12 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM
[ADDL R9-R12 ARE IMPLEADED AS PER ORDER DATED
30.09.2021 IN WPC]
BY ADVS.
SRI.MANU S., ASG OF INDIA- R1
SRI.V.TEKCHAND SR. GOVT. PLEADER R2,4,6,12
SRI. T.NAVEEN SC,KERALA STATE POLLUTION CONTROL
BOARD - R3
SRI.P.A.AHAMMED- R5
SRI.THOUFEEK AHAMED
SRI.SANTHOSH MATHEW-R7
SRI.JOHNSON GOMEZ-R9
SHRI.M.K.CHANDRAMOHAN DAS,SC,KOLLAM CORP. R10
SHRI.DEEPU THANKAN, SC, KSRTC R11
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.ANIL SEBASTIAN PULICKEL
S.BIJU (KIZHAKKANELA)
SRI.SANJAY JOHNSON
SRI.JOHN GOMEZ
SMT.SREEDEVI S.
SRI.MOHAMED SHEHARAN
SRI.DINOOP P.D.
SRI.SANJITH JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.06.2022, ALONG WITH WP(C).702/2021, THE COURT ON
24.06.2022 DELIVERED THE FOLLOWING:
W.P(C) Nos.702/2021 & 17375/2021
5
JUDGMENT
Shaji P. Chaly, J The captioned writ petitions are materially connected in respect of the alleged unauthorised and illegal dumping of municipal solid waste by Kollam Corporation and people living in the adjoining areas into the Ashtamudi Lake which is a RAMSAR site and declared as the deepest lake and stated to possess the unique ecosystem, and construction of a sewerage treatment plant by the Kollam Corporation in the property owned by it.
2. W.P(C).No.17375 of 2021 is a suo motu writ petition registered by this court on the basis of a letter written by one M.K. Salim, into the said issue, to one of the Hon'ble Judges of this Court, and taking into account the statutory provisions under the Environment Protection Act, 1986 read with Municipal Solid Waste (Management and Handling) Rules etc.
3. W.P(C).No.702 of 2021 is filed by a registered Society formed by the residents of West Kureepuzha to safeguard the residential area from the administrative arbitrariness of the Corporation of Kollam (3rd respondent therein). The contention W.P(C) Nos.702/2021 & 17375/2021 6 put forth by the petitioner is that the area near Ashtamudi backwaters is important for biodiversity and the shores are inside the coastal regulation zone.
4. The prime contention advanced by the petitioner is that the 3rd respondent Corporation years back acquired some property on the banks of Ashtamudi Lake covered by Exhibit P3 sketch, and installed a huge solid waste treatment plant in it and due to mismanagement, the unprocessed waste piled up in the property, which has caused serious prejudice and irreparable injuries to the people residing in the area. It is also submitted that the nearby wells in the area and backwaters became polluted.
5. It is the contention of the petitioner that though various representations have been filed before the Kollam Corporation, no action is initiated in order to ventilate the grievances of the petitioner and the residents of the area. While so, the petitioner approached this Court by filing W.P(C). No.1367 of 2011 seeking to declare that the functioning of the garbage treatment plant located in Sakthikulangara Village, is violative of Article 21 of the Constitution of India and also contrary to the statutory rules; and W.P(C) Nos.702/2021 & 17375/2021 7 for other related and consequential reliefs.
6. The Kollam Corporation has also filed W.P(C).26487 of 2011 before this Court seeking protection to move with the sewage treatment plant and this Court appointed a Committee of six members to find out a solution, by including the District Judge, Kollam and the District Collector, Kollam among others. Accordingly, the committee has submitted Exhibit P6 report and according to the petitioner in this public interest writ petition, the Committee had objected to the functioning of the plant in the locality.
7. Thereafter, consequent to the constitution of National Green Tribunal (South Zone) Bench, all the writ petitions, except W.P(C).26487 of 2011, were transferred to the Tribunal and the Tribunal was passing periodical orders and according to the petitioner, heavy fine is imposed on the Kollam Corporation for the reluctant and irresponsible attitude of not removing or processing the legacy waste and directed to find a suitable place for it and lastly, the Tribunal directed the Kerala State Pollution Control Board, Kollam (5th respondent in W.P(C).702/2021) to report on the status of legacy waste and based on which, Exhibit W.P(C) Nos.702/2021 & 17375/2021 8 P9 report dated 10.10.2020 is filed; and according to the petitioner, the 5th respondent has also taken the same stand as of the committee constituted by this Court. Anyhow, the said petitions are pending consideration before the National Green Tribunal.
8. Matters being so, the Kollam Corporation has initiated installation of a septage treatment plant of 12 MLD capacity in the same property, which according to the petitioner is under the CRZ area, particularly due to the existence of Ashtamudi backwater coast. It is basically challenging the installation of septage treatment plant of 12MLD, the Public interest writ petition is filed.
9. According to the petitioner, the Kollam Corporation and the Kerala Water Authority (7th respondent) are taking steps to spend around Rs.32 Crores from AMRUT Scheme launched for urban development and treatment of wastewater processing. It is the significant contention of the petitioner that the selection of the place for septage treatment plant is not a suitable one for the said purpose. Other contentions are also raised, even though the paramount contention advanced by the petitioner is W.P(C) Nos.702/2021 & 17375/2021 9 revolving around the implications stated to be arising under the notification issued by the Ministry of Environment and Forest, Govt of India, in the year 2019.
10. It is the case of the petitioner that since the construction is within the Coastal Zone Regulations, it is illegal and if the Kollam Corporation and the Water Authority is permitted to carry on with construction activities, it would be a huge waste of money and a threat to the people of the locality. It is in the said background that the present writ petition is filed by the Society seeking the following reliefs:
i) to issue a writ of certiorari or other appropriate writ or order directing the 2nd to 4th and 7th respondent from misutilizing the public fund for proposed STP plant based on Exhibit P22 and P23 without a proper plan, organized manner and project sanctions.
ii) to issue a writ of mandamus or other appropriate writ or order directing the 5th to 6th respondent and 8th respondent to take necessary action to protect the above land of Kureepuzha under the CRZ from the improper and unscientific proposed STP project put forward by 3 rd and 7th respondents based on Exhibit P22 and P23 respectively.
iii) to issue a writ of mandamus or other appropriate writ or order directing to quash Exhibit P16 to P18 and P22 W.P(C) Nos.702/2021 & 17375/2021 10 sanctions and Exhibit P23 contract issued and entered by the concerned respondents.
iv) to issue a writ of mandamus or other appropriate writ or order directing the 8th respondent to take necessary action to protect the Astamudi backwater under the CRZ from the improper and unscientific proposed STP project processed water.
v) to issue a writ of mandamus or other appropriate writ or order directing the 2nd to 4th and 7th respondent to study and observe the good and efficient plans of sewage treatment in a decentralized manner as per the guidance of this Hon'ble Court based on required places and submit the report of convenience and safe STP plant before utilizing the sanctioned 32 crore public fund allotted to the disadvantaged."
11. We have heard learned counsel for the petitioner Smt. Laila I.S., learned Senior Government Pleader Smt. Vinitha B, for State and its officials, Sri. M.K. Chandramohan Das for Kollam Corporation, Sri. T. Naveen, learned Standing Counsel for Kerala State Pollution Control Board, Sri. M. Ajay, learned Standing Counsel for Central Pollution Control Board, Sri. P.M. Joshy, learned Standing Counsel for Kerala Water Authority, and Sri. M.P. Prakash, learned Standing Counsel for Coastal Zone W.P(C) Nos.702/2021 & 17375/2021 11 Management Authority and perused the pleadings and material on record.
12. From the pleadings put forth by the petitioner in W.P(C).No.702 of 2021, petitioner is apprehending that if the sewage treatment plant is permitted to be installed in the property in question, it would pollute the Ashtamudi Lake apart from the difficulties faced by the people residing in and around the area. According to the petitioner, the proposed sewage treatment plant is sharing the Ashtamudi backwaters on the north eastern side and a considerable portion of the proposed land is inside CRZ. It is further submitted that eastern side of the proposed treatment plant is very near to Puthiyakavu Central School and western side is surrounded by a temple pond, temple and a 'Sarppakavu' (snake grove). It is also submitted that various residential buildings are situated in and around the proposed site.
13. That apart, it is contended that due to the negligence in properly treating the waste deposited in the land in question already, petitions were filed before the National Green Tribunal (Southern Bench) and the Green Tribunal is passing periodical W.P(C) Nos.702/2021 & 17375/2021 12 orders in order to remove the waste dumped in the site by the Corporation. That apart, it is submitted that due to stopage of earlier waste management plant, the property in question is filled up with waste and rubbish and therefore, the eco system of Ashtamudi Lake and surroundings are interfered with, materially causing serious prejudice to the people residing in the locality and the institutions functioning in and around the property.
14. Apart from the same, it is also contended that serious health hazards are also caused to the people residing nearby and there is emission of toxic gas affecting the people residing in and around 10 Kms and therefore, there is serious air pollution as well as pollution to the well water used by the people for drinking purposes. Petitioner has also raised contentions based on Exhibit P7 report submitted by the Committee, constituted by this Court, in W.P(C).26487 of 2011 filed by the Kollam Corporation, with the District Judge as Chairperson and District Collector and four other members; which report according to the petitioner would speak in volume, the kind and extent of damages caused due to storage of waste in the property in question.
W.P(C) Nos.702/2021 & 17375/2021 13
15. The predominant argument raised by learned counsel for the petitioner is on the basis of consequences that arise from the notifications issued by the Coastal Zone Management authority in the year 2011 and 2019 and according to the petitioner the present septage treatment plant cannot be installed in the property in question consequent to the prohibition contained under the notifications issued by the Ministry of Environment and Forest, Government of India.
16. In that view of the matter, we propose to refer to the relevant clauses of the Coastal Zone management Notification, 2011, issued by the Ministry of Environment and Forest. Clause 3 deals with prohibited activities within CRZ. However, sub-Clause
(v) of Clause (3) speaks about setting up and expansion of units or mechanism for disposal of wastes and effluents except facilities required for,-
(a)- discharging treated effluents into the water course with approval under the Water (Prevention and Control of Pollution) Act, 1974;
(b) Storm water drains and ancillary structures for pumping;
(c) treatment of waste and effluents arising from hotels, beach resorts and human settlements located in CRZ areas other than CRZ-I and disposal of treated wastes and effluents. W.P(C) Nos.702/2021 & 17375/2021 14
17. However, as per Clause 3(vi), discharge of untreated waste and effluents from industries, cities or towns and other human settlements is prohibited. It further directs the concerned authorities to implement schemes for phasing out existing discharge of this nature, if any, within a time period not exceeding two years from the date of issue of this notification.
18. Clause 4.2 of 2011 notification deals with procedure for clearance for permissible activities, which specifies that all projects attracting this notification shall be considered for CRZ clearance as per the procedure prescribed thereunder and the relevant clause is clause 4.2 (v), which reads thus:
v) The clearance accorded to the projects under this notification shall be valid for a period of seven years from the date of issue of such clearance:
Provided that the construction activities shall commence within a period of five years from the date of the issue of clearance and the construction be completed and the operations be commenced within seven years from the date of issue of such clearance:
Provided further that the period of validity may be extended for a maximum period of three years in case an application is made to the concerned authority by the applicant within the validity period, along with W.P(C) Nos.702/2021 & 17375/2021 15 recommendation for extension of validity of the clearance by the concerned State/Union Territory Coastal Zone Management Authority.]
19. From the counter affidavit filed by the Kollam Corporation, it is indicative that it is to eradicate the menace caused due to untreated septage being diverted to the Ashtamudi lake that the Corporation has decided to scientifically construct a sewage treatment plant under the AMRUT project. As per the project, waste water from households of ten wards of the Corporation would be directed through pipelines to manholes designed for the same, from where it again will be directed to underground wells located at various places of Kollam District. Waste water would be flown from the said underground wells to the major underground wells located near Irumbupalam by pumping and the same would reach the 12 MLD sewage treatment plant at Kureepuzha by pumping. It is also submitted that 12 million liters of sewage water will be treated and purified every day, in compliance with the Central Pollution Control Board standards and guidelines, before being released to Ashtamudi Lake. That apart, it is submitted that solid waste W.P(C) Nos.702/2021 & 17375/2021 16 would be converted to fertilizers and distributed to the needy people.
20. It is also stated that the Corporation has already spent 35.09 Crores under the aegis of Kerala Sustainable Urban Development Project (KSUDP) to develop the aforementioned network in order to collect and direct the waste water from ten wards of the Corporation, evident from Exhibit R3(a) expenditure statement.
21. It is further submitted that the State Government has sanctioned an amount of Rs.93.612 Crores for renovation and expansion of existing sewerage network under the AMRUT Scheme and tender proceedings was issued, evident from Exhibit R3(b).
22. Be that as it may, it is submitted that in 2012, the Corporation attempted to construct a waste treatment plant through KSUDP, after obtaining clearance from the Kerala Coastal Zone Management Authority. However, the project did not take place and it was subsequently included in the AMRUT Project, in the year 2018 and the Government has sanctioned an amount of Rs.31.928 Crores, evident from Exhibit R3(c). It was W.P(C) Nos.702/2021 & 17375/2021 17 pursuant to which the work was awarded to M/s. ABM Civil Ventures Pvt. Ltd. and an agreement was entered into and payments are being effected towards part bills of the contractor. Exhibits R3(d)(i) to R3(d)(iv) are produced by the Corporation along with its counter affidavit, in order to establish payments effected to the contractor.
23. However, it is pointed out that the validity of the CRZ clearance for the project was only till 28.4.2022 and an application to renew the same has been submitted before the Kerala Coastal Zone Management Authority on 27.4.2022, evident from Exhibit R3(e). That apart, it is submitted that a detailed application, Exhibit R3(f) was also submitted on 28.4.2022. It is further pointed out that the validity of the consent to establish by the Pollution Control Board was till 30.4.2022 and application to renew the same has already been submitted with requisite fee and site inspection has already been conducted.
24. It is also stated that the National Green Tribunal, vide its order in O.A. No.673 of 2018 has directed all the Urban Local Self Government Institutions to establish sewage treatment W.P(C) Nos.702/2021 & 17375/2021 18 plants. Therefore, the sum and substances of the contention advanced by the Corporation is that with the inauguration of the new treatment plant, the waste management issues of 25% of the population of the corporation area, will be addressed and it will prevent flow of untreated wastewater into the water bodies including the Ashtamudi Lake and thereby aid in the preservation of aquatic life and water bodies as a whole.
25. Submissions with respect to grant of CRZ clearance, its expiry and the applications submitted by the Corporation for extending the period are all admitted by the learned counsel appearing for Kerala Coastal Zone Management Authority.
26. Kerala State Pollution Control Board has also filed a report and an additional report before this Court, from where, it is clear that consent given to establish the plant has expired and consequent to which an application was submitted by the Kollam Corporation and on the basis of the same, the consent to establish which was valid till 3.4.2022, is extended up to 3.4.2027.
27. Even though learned counsel for the petitioner has a contention that the Coastal regulation Zone Notification 2019, issued by the Ministry of Environment, Forest and Climate W.P(C) Nos.702/2021 & 17375/2021 19 Change would apply to the facts and circumstances of the case, learned Standing Counsel for the Kerala Coastal Zone Management Authority has invited our attention to Clause (6) of 2019 notification, which reads thus:
"6. Coastal Zone Management Plan (CZMP) (i) All coastal States and Union territory administrations shall revise or update their respective coastal zone management plan (CZMP) framed under CRZ Notification, 2011 number S.O. 19(E), dated 6th January, 2011, as per provisions of this notification and submit to the Ministry of Environment, Forest and Climate Change for approval at the earliest and all the project activities attracting the provisions of this notification shall be required to be appraised as per the updated CZMP under this notification and until and unless the CZMPs is so revised or updated, provisions of this notification shall not apply and the CZMP as per provisions of CRZ Notification, 2011 shall continue to be followed for appraisal and CRZ clearance to such projects.
(ii) The CZMP may be prepared or updated by the coastal State Government or Union territory by engaging reputed and experienced scientific institution(s) or the agencies including the National Centre for Sustainable Coastal Management (hereinafter referred to as the NCSCM) of Ministry of Environment, Forest and Climate Change and in consultation with the concerned stakeholders.
(iii) The coastal States and Union territories shall prepare draft CZMP in 1:25,000 scale map identifying and classifying the CRZ areas within the respective territories in accordance with the guidelines given in Annexure-IV to this notification, W.P(C) Nos.702/2021 & 17375/2021 20 which involve public consultation.
All developmental activities listed in this notification shall be regulated by the State Government, Union territory administration, the local authority or the concerned Coastal Zone Management Authority within the framework of such approved CZMP, as the case may be, in accordance with provisions of this notification.
(iv) The draft CZMP shall be submitted by the State Government or Union territory to the concerned Coastal Zone Management Authority for appraisal, including appropriate consultations, and recommendations in accordance with the procedure(s) laid down in the Environment (Protection) Act, 1986 (29 of 1986).
(v) The Ministry of Environment, Forest and Climate Change shall thereafter consider and approve the respective CZMP of concerned State Governments or Union territory administrations.
(vi) The CZMP shall not normally be revised before a period of five years after which, the concerned State Government or the Union territory may consider undertaking a revision."
28. Therefore, on a reading of Clause 6 of the notification, it is clear that the provisions of 2019 Notification would not apply until and unless the Coastal Zone Management plan (CZMP) is revised or updated; and till such time, CRZ notification 2011 shall continue to be followed for appraisal and CRZ clearance of such projects.
W.P(C) Nos.702/2021 & 17375/2021 21
29. That apart, Exhibit P7 report submitted by the six member committee, appointed by this Court, headed by the District Judge, Kollam, is in regard to the solid waste heaped in the property in question wherein it is clearly stated that the Corporation shall find a solution to tackle the ever increasing stack of waste by installing a sophisticated waste disposing unit as a win-win solution by selecting another suitable and ideal plot outside the city, which will never harm the general public.
30. The contention put forth by the learned counsel for the Corporation is that Exhibit P7 report is in regard to the solid waste disposal in the property which has become dis-functional, and which has got nothing to do with the present sophisticated treatment plant installed by the Corporation. That apart, it is pointed out by learned counsel for the Corporation, the State Government as well as the Standing Counsel for the Pollution Control Board that the National Green Tribunal (South Zone) Bench is considering the issue of solid waste management by the Kollam Corporation, which has nothing to do with the present construction of 12 MLD sewage treatment plant at Kureepuzha, Kollam.
W.P(C) Nos.702/2021 & 17375/2021 22
31. Even the documents produced by the petitioner would make it clear that steps have already been taken for installation of the plant and Crores and Crores of amounts are spent by the Corporation for installation of the plant.
32. In view of the facts and circumstances deliberated above, we are of the considered opinion that the sewage treatment plant is installed for the purpose of tackling the menace of flowing untreated septic waste to Ashtamudi Lake.
33. Even though contentions are raised to the effect that construction can be made only 100 metres towards the landward side since the CRZ notifications would apply, we are of the considered opinion that the Kerala State Coastal Zone Management Authority has filed a detailed counter affidavit before this Court, basically stating that there is no prohibition as per the notification 2011, to discharge the treated effluents from any treatment plant to the backwaters in accordance with the statutory specifications. Relevant paragraphs of the counter affidavit filed by the Coastal Zone Management Authority (8 th respondent) is worthwhile to be extracted and it read thus:
"3. It is submitted that pursuant to the decision taken at the United Nations Conference on the Human Environment held at W.P(C) Nos.702/2021 & 17375/2021 23 Stockholm in 1972, the Parliament in order to provide provisions for the protection and improvement and for connected matters enacted the Environment (Protection) Act, 1986 (the Act for brevity). It is further submitted that section 3 (2) (v) of the Act provide that the Central Government shall have power to take all such measures as it deems necessary and expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution, including to impose restrictions of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards.
4. It is submitted that in exercise of the powers under the Act, the Government of India as per Notification S.0 114(E) dated 19.02.1991 published in the Gazette of India dated 20.02.1991 imposed prohibitions/restrictions on the location of an industry or on the carrying on or of processes and operations on the coastal stretches of seas, bays, estuaries, creeks, rivers and back waters which are influenced by tidal action and certain restrictions were imposed on the setting up and expansion of industries, operations, processes, etc., in the said Coastal Regulation Zone (referred as CRZ for brevity). On the basis of the above CRZ 1991 Notification, Coastal Zone Management Plans (CZMP for short) were prepared demarcating the High Tide Line (HTL for short) and were approved in 1996.
5. It is submitted that Government of India in supersession of CRZ 1991 Notification declared certain areas as Coastal Regulation Zone and imposed certain restrictions on the setting up and expansions, operations or processes and the like in CRZ, by Notification S.0 19(E) dated 06.01.2011 (hereinafter referred to as W.P(C) Nos.702/2021 & 17375/2021 24 the CRZ 2011 for brevity). Coastal Zone Management Plans (CZMPs) under CRZ 2011 were prepared and approved by the Government of India on 28.02.2019.
6. It is submitted that the Ex-officio Principal Secretary, Science and Technology Department issued the permission for the construction of 40MTPD SWM plant and 12 MLD STP at Kureepuzha stating that the proposed construction was outside CRZ area subject to condition that no treated waste or effluents shall be discharged/disposed into the backwater/CRZ 27.04.2011.
area vide letter No.43/A3/11/S&TD dated 27.04.2011.
7. It is submitted that based on the complaint received from Manushyavakasha Paristhithi Samrakshana Samithi, the 8 th respondent directed the Secretary, Kollam Corporation to relocate the landfill (dumping) site constructed in CRZ area on or before 6th Jan 2012 as per letter No. 1519/A3/KCZMA dated 13.09.2011. It is submitted that the Secretary, Corporation of Kollam has submitted the application for CRZ clearance for Sewage Treatment Plant and Landfill Project at Kureepuzha in Kollam as per letter dated 17.11.2011.
8. It is submitted that the Joint Director, Kerala State Council for Science, Technology and Environment reported to the Secretary, S&T Department the following as per letter No. 287/ENV/2011/CZMA dated 06.12.2011:
The major part of the project site lies in CRZ II and remaining in CRZ III. Setting up of STP in CRZ area except CRZ I is permissible subject to the condition that treatment of waste and effluents arising from hotels, beach resorts and human settlements located in CRZ areas other than CRZ I and disposal of treated waste and effluents is permissible. The letter also stated that the area W.P(C) Nos.702/2021 & 17375/2021 25 where STP is proposed lies also on the banks of RAMSAR wetland and requested KCZMA to consider the proposal for CRZ clearance/recommending it to MOEF.
9. It is submitted that the Manushyavakasha Paristhithi Samrakshana Samithi as per complaint dated 01.02.2012 stated that the solid waste are dumped in landfill site which lies in CRZ area and requested 8th respondent to direct KSUDP/Kollam Corporation to take necessary action. It is submitted that the Secretary, Kollam Corporation replied to the letter of KCZMA dated 13.09.2011 as per letter No. KSUDP/PIU.KLM/SWM-1/07 dated 01.02.2012 and reported the following; • The leachate treatment plant relocated to a location 100m away from the High Tide Line of Ashtamudi lake and is under construction.
• The SWM site at Kollam, as it lies adjacent to Ashtamudi falls in CRZ II. Though the compost plant is away from CRZ limit and sanction has been accorded for it, part of the landfill lies in CRZ.
10. It is submitted that the Project Director, Kerala Sustainable Urban Development Project had submitted an application to obtain CRZ clearance for Sewage Treatment Plant and Landfill Project at Kureepuzha in Kollam as per letter dated 03.02.2012. It is submitted that the 8th respondent replied to the Secretary, Manushyavakasha Paristhithi Samrakshana Samithi by letter No. 2287/A3/11/KCZMA/S7TD dated 22.03.2012 and stated the decision of 47th KCZMA meeting held on 07.12.2012 on the complaint made.
W.P(C) Nos.702/2021 & 17375/2021 26
11. It is submitted that the KCZMA in its 47 th meeting considered the request of KSUDP project for CRZ clearance and decided to issue the clearance subject to the following conditions:
• The landfill should be shifted outside CRZ area.
• The dumping yard should be replaced and no further dumping of waste should be made there.
• Waste should be segregated at source and only organic waste shall be processed.
The above was communicated to the Project Director, KSUDP as per Ext. P16 letter No. 2287/A3/11/KCZMA/S&TD dated 28.02.2012. It is submitted that the 8 th respondent had also constituted a two member monitoring committee with the Chairman, KSPCB and Dr. K. Padmakumar, Professor, Department of Aquatic Biology, University of Kerala as Members. It was directed that the monitoring committee shall appraise the KCZMA of the progress and compliance of CRZ norms during the implementation of the project.The proceedings for the same was issued vide No. ano 2287/A3/11/KCZMA/S&TD dated 15.03.2012.
12. It is submitted that the Project Director, KSUDP requested KCZMA to issue separate clearance letter for STP and SWM plants as per letter dated 24.03.2012. It is submitted that the 8 th respondent discussed the request of Project Director, KSUDP in its 48th meeting and decided to issue separate order for STP and SWM facilities with specific conditions that necessary measures shall be taken to segregate the waste at source itself. It was suggested to adopt sheet piling and capping of the existing dumping site. No further dumping shall be allowed in the CRZ area. The same was communicated to the Project Director, KSUDP W.P(C) Nos.702/2021 & 17375/2021 27 and Secretary, Kollam Corporation as per letter No. 2287/A3/11/KCZMA/S&TD dated 28.04.2012.
13. It is submitted that the Kerala Water Authority (KWA for short) sought extension of validity of the CRZ Clearance for the construction of 12 MLD sewage treatment plant at Kureepuzha Kollam as per letter dated 09.08.2021. It is submitted that the 8 th respondent considered the request of the KWA in its 115 th Meeting held on 12.08.2021. It is submitted that the 8 th respondent as per Agenda Item No. 115.03.01 (File No. 1425/A2/2021/KCZMA) decided in principle extension to the clearance already granted to initiate the tender process subject to the condition that the KWA shall furnish complete details of the project to the 8th respondent."
34. Even though a reply affidavit is filed by the petitioner reiterating the stand adopted in the writ petition and produced certain additional documents, we are of the considered opinion that the sewage treatment plant is being constructed in accordance with law and after securing adequate clearance from Kerala Coastal Zone Management Authority as well as the Kerala State Pollution Control Board. It is true that the original clearance given by the Coastal Zone Management Authority dated 28.4.2012 has expired. However, the Kollam Corporation has filed an application before the Coastal Zone Management Authority for extending the period, which is pending W.P(C) Nos.702/2021 & 17375/2021 28 consideration before the said authority, which is clear from the submissions made in the counter affidavit of the coastal zone management authority. It is also explicit from the provisions of the notification 2011 and 2019 that there are no restrictions for discharging treated effluents from the CRZ -II and III areas .
35. In that view of the matter, we are of the considered opinion that petitioner in W.P(C).No.702 of 2021 is not entitled to get the reliefs as are sought for in the writ petition.
36. So far as suo motu writ petition W.P(C).17375 of 2021 is concerned, as we have pointed out earlier, is on the basis of a letter sent by one M.K. Salim. The concern expressed by the said person is the inaction on the part of the Kollam Corporation to maintain the Ashtamudi Lake and other ponds, and estuaries from further pollution.
37. In our considered opinion, the installation of the septage treatment plant would be able to eradicate the menace caused due to the flowing of untreated septage waste into the Ashtamudi Lake. However, in the said writ petition, the issue of burning of plastic waste and prohibition of plastic are all subject matter of concern.
W.P(C) Nos.702/2021 & 17375/2021 29
38. Taking into account the facts and figures and also the report of the six member committee appointed by this Court in a writ petition, in the year 2011, we are of the view that adequate steps have to be taken by Kollam Corporation to ensure that legacy waste in the property in question is removed and further to see that plastic waste is not burnt in the property. Steps shall also be taken to comply with the provisions of Plastic Waste (Management and Handling) (Amendment) Rules, 2018. Therefore, the said writ petition is disposed of with the above directions.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
W.P(C) Nos.702/2021 & 17375/2021 30 APPENDIX OF WP(C) 702/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 12.1.2011 OF THE SAMITI ISSUED BY THE REGISTRAR OF SOCIETIES EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE SKETCH OF LAND WITH PROPOSED STP SAWAGE TREATMENT PLANT AS PER THE RECORDS OF THE KOLLAM CORROBORATION.
EXHIBIT P3 TRUE COPY OF THE AREA SKETCH DRAWING OF THE PROPOSED LAND WITH ADJACENT PLACES.
EXHIBIT P4 PHOTO SKETCH DRAWING OF THE EARLIER SITE OF THE KUREEPUZHA SOLID WASTE (RESEMBLED AS A WASTE MOUNTAIN).
EXHIBIT P5 TRUE COPY OF THE PHOTOS OF THE PRESENT STATUS OF THE WASTE MOUNTAIN LOOKS LIKE GREEN MEADOW, EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE WRIT PETITION CIVIL NO. 1367 OF 2011 FILED BEFORE THIS HONBLE HIGH COURT.
EXHIBIT P7 TRUE COPY OF THE REPORT SUBMITTED BY P.D. RAJAN PRL. DISTRICT AND SESSIONS JUDGE KOLLAM BEFORE THIS HON'BLE COURT IN WPC 26487 OF 2011.
EXHIBIT P8 TRUE COPY OF THE RELEVANT ORDER OF THE
GREEN TRIBUNAL SOUTH ZONE BENCH
REVEALING THE STATUS OF THE KOLLAM
CORPORATION IN THE SUBJECT MATER DATED
13/7/2020.
EXHIBIT P8 (A) TRUE COPY OF THE RELEVANT ORDER OF THE GREEN TRIBUNAL SOUTH ZONE BENCH REVEALING THE STATUS OF THE KOLLAM CORPORATION IN THE SUBJECT MATER DATED 2/11/2020.
EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENT REPROT DATED 10.10.2020.
EXHIBIT P10 PHOTOGRAPHS EVIDENCING THE DRILLING IN
THE AREA
EXHIBIT P11 PHOTOGRAPHS OF THE SMALL AFFORDABLE STP
IMPLANTED IN THE PARASHALA TALUK
GOVERNMENT HOSPITAL.
W.P(C) Nos.702/2021 & 17375/2021
31
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 5TH
RESPONDENT DATED 17.11.2020.
EXHIBIT P13 TRUE COPY OF THE RTI APPLICATION DATED
17.11.2020.
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 03.12.2020
OF THIS HONBLE COURT IN WPC NO. 26864 OF
2020.
EXHIBIT P15 TRUE COPY OF THE RIGHT TO INFORMATION
SUBMITTED BY THE PETITIONER TO THE 7TH
RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE LETTER OF CLEARANCE
DATED 28.04.2012 FROM THE 8TH RESPONDENT HEREIN.
EXHIBIT P17 TRUE COPY OF THE LETTER OF PRIOR
APPROVAL DAETD 03.07.2013 FROM THE 5TH
RESPONDENT HAVING REF. No.GO(MS)
No.07/13/Envt(2)
EXHIBIT P18 TRUE COPY OF THE TECHNICAL SANCTION
ORDER DATED 13.09.2019 FROM THE CHIEF
ENGINEER SOUTHERN REGIONAL JNNURM
PROJECT IMPLEMENTATION UNIT
THIRUVANANTHAPURAM.
EXHIBIT P19 TRUE COPY OF THE TENDER NOTICE BASED ON
REFERENCE LETTER NO. KWA/PHC/Q/DB-TENDER NOTICE 2018-2019 DATED 26.12.2018 FROM THE SUPERINTENDENT ENGINEER KERALA WATER AUTHORITY.
EXHIBIT P20 TRUE COPY OF THE INTEGRATED CONSENT TO ESTABLISH RENEWAL CERTIFICATE BASED ON THE FILE NO. PCB/RO/ICE/STP-K-C/2012 DATED 23.11.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT P21 TRUE COPY OF THE SELECTION NOTICE BASED ON REFERENCE NO. KWA/PH6/Q/D1/1867/2018 SELECTION NOTICE DATED 27.04.2020 FROM THE SUPERINTENDENT ENGINEER KERALA WATER AUTHORITY, P.H CIRCLE, KOLLAM TO THE 9TH AND 10TH RESPONDENT REGARDING SELECTION NOTICE OF TENDER.
EXHIBIT P22 TRUE COPY OF THE ADMINISTRATIVE SANCTION BASED ON G.O. (RT) NO. 169/2020/LSGD DATED 17/6/2020 ISSUED BY THE LOCAL SELF GOVERNMENT DEPARTMENT -HAS ACCORDED FOR THE PROJECT "SEWAGE TREATMENT PLANT W.P(C) Nos.702/2021 & 17375/2021 32 KUREEPUZHA" BEING IMPLEMENTED BY KERALA WATER AUTHORITY IN KOLLAM CORPORATION FOR RS.30 CRORE.
EXHIBIT P23 TRUE COPY OF THE RELEVANT PAGES OF AGREEMENT DATED 28.10.2020 ENTERED IN BETWEEN 7TH RESPONDENT AS 1ST PART AND 9TH AND 10TH RESPONDENT AS SECOND PART OF THE IMPLEMENTATION SEWAGE TREATMENT PLANT IN THE CRZ ZONE OF 12 MLD BASED ON MBBR TECHNOLOGY FOR AN AMOUNT OF RS.25,96,84679 BASED ON TECHNICAL SANCTION TS/2018-19/20 9433 DATED 13.09.2020 BASED ON THE AMRUT SCHEME FUND OF GOVT OF INDIA.
EXHIBIT P24 TRUE COPY OF THE LETTER FROM THE EX -
OFFICIO PRINCIPAL SECRETARY, GOVERNMENT OF KERALA SCIENCE AND TECHNOLOGY (A) DEPARTMENT HAVING NO.43/A3/11/S&TD, DATED 27.04.2011 TO THE PROJECT DIRECTOR, KSUDP EXHIBIT P25 TRUE COPY OF THE EXACT DISTANCE FROM CRZ AND DRAWING OF THE ONGOING PROJECT PLAN PREPARED BY AN AUTHORIZED LAND SURVEYOR FROM THE EXISTING SITE EXHIBIT P26 TRUE COPY OF THE RELEVANT PARTS OF THE SAID NOTIFICATION PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB SECTION (II) VIDE NUMBER S.O. 1533(E), DATED THE 41TH SEPTEMBER, 2006 EXHIBIT P27 TRUE COY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DATED 18TH MARCH, 2021 BY S.O.1247(E) RESPONDENT EXHIBITS EXHIBIT R3(a) TRUE COPY OF THE EXPENDITURE STATEMENT.
EXHIBIT R3(b) TRUE COPY OF THE
GO(RT).NO.1298/2021/LSGD DATED
09/07/2021.
EXHIBIT R3(c) TRUE COPY OF GO(RT)NO.1169/2020/LSGD
DATED 17/06/2020.
W.P(C) Nos.702/2021 & 17375/2021
33
EXHIBIT R3(d)(i) TRUE COPY OF PART BILL OF RS.62,32,172/-
ALONG WITH LETTER DATED 02/11/2021.
EXHIBIT R3(d)(ii) TRUE COPY OF PART BILL OF RS.97,25,191/-
ALONG WITH LETTER DATED 17/01/2022.
EXHIBIT R3(d)(iii) TRUE COPY OF PART BILL OF RS.2,09,69,538/- ALONG WITH LETTER DATED 07/03/2022.
EXHIBIT R3(d)IV TRUE COPY OF PART BILL OF RS.2,16,18,750/- ALONG WITH LETTER DATED 05/05/2022.
EXHIBIT R3(e) TRUE COPY OF THE APPLICATION DATED 27/04/2022 SUBMITTED BEFORE THE KCZMA.
EXHIBIT R3(f) TRUE COPY OF THE APPLICATION DATED 28/04/2022 SUBMITTED BEFORE THE KCZMA.
EXHIBIT R5(a) TRUE COPY OF THE CONSENT O ESTABLISH NO.PCB/RO/KLM/ICE/5/2012 DATED 13.9.2012 EXHIBIT R5(b) TRUE COPY OF THE CONSENT TO ESTABLISH NO.PCB/RO/KLM/ICE-R/02/2014 RENEWAL DATED 23.11.2019 EXHIBIT R5(c) TRUE COPY OF THE CONSENT TO ESTABLISH NO.PCB/HO/KLM/ICE-R1/01/2019 RENEWAL DATED 23.11.2019 EXHIBIT R5(d) TRUE COPY OF THE COMMUNICATION DATED 28.4.2012 EXHIBIT R5(e) TRUE COPY OF THE TRUE COPY OF THE G.O(MS)NO.07/13/ENVT(2) DATED 3.7.2013 EXHIBIT R5(f) TRUE COPY OF THE REPORT RECEIVED ON 16.1.2021 EXHIBIT R5(g) TRUE COPY OF THE integrated consent to establish-renewal no.PCB/HO/KLM/ICE- R2/02/2022 DATED 25.5.2022 ISSUED BY THE BOARD.
W.P(C) Nos.702/2021 & 17375/2021 34 APPENDIX OF WP(C) 17375/2021 PETITIONER EXHIBITS EXHIBIT P1 LETTER DATED 09.08.2021 RECEIVED FORM SRI, M.K.SALIM, HAJI MANZIL, MAIN ROAD, KOLLAM - 691001.
EXHIBIT P2 MINUTES OF HON'BLE MR. JUSTICE S.V. BHATTI DATED 24.08.2021.
EXHIBIT P3 COPY OF LETTER DATED 2.06.2016 ADDRESSED TO SRI. K.T. JALEEL (FORMER MINISTER OF KERALA) EXHIBIT P4 OFFICE NOTES AND ORDER OF THE HON'BLE THE CHIEF JUSTICE.
EXHIBIT P5 COPY OF LETTER NO.PCB/KO/G/35/06 DATED 25.06.2014 OF THE DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, KOLLAM.
EXHIBIT P6 COPY OF PROCEEDINGS NO.
PCB/HO/CETPS/HRPD/105/2013 DATED
21.03.2014 OF THE KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT P7 COPY OF LETTER NO. PCB/KO/CTO/HPL /01/06
DATED 3.7.2015 FROM THE PUBLIC
INFORMATION OFFICER, DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, KOLLAM.
EXHIBIT P8 COPY OF NEWSPAPER REPORT DATED 9.8.2021 IN THE NEW INDIAN EXPRESS DAILY.
RESPONDENT'S EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE RELEVANT PORTION OF THE
ACTION PLAN WITH RESPECT TO ASHTAMUDI
LAKE
EXHIBIT R2(b) TRUE COPY OF THE LETTER NO.F.
NO.22012/34/87-CS (W) Pt II
W.P(C) Nos.702/2021 & 17375/2021
35
EXHIBIT R2(c) TRUE COPY OF THE PROCEEDINGS
NO.SWAK/A1/2010/2019 DATED 7.9.2019
EXHIBIT R2(d) TRUE COPY OF THE PROCEEDINGS DATED
20.2.2020 AND ITS ENGLISH TRANSLATION
ANNEXURE A PHOTOGRAPH OF THE ASHTAMUDI LAKE
(R7) EVIDENCING THE PRESENT CONDITION OF TE
LAKE IS HIGHLY POLLUTED AND THE PRESENT
CONDITION ID VERY PATHETIC
ANNEXURE R3(A) TRUE COPY OF THE EXTRACT OF THE RELEVANT PAGES OF THE BOARD'S WATER QUALITY DIRECTORY CONTAINING THE WATER QUALITY AND CLASSIFICATION DATA OF THE LAKE.