Kerala High Court
C.V.Sebstian vs State Of Kerala on 8 July, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TH
THURSDAY, THE 8 DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 37230 OF 2016
PETITIONER/S:
C.V.SEBSTIAN
AGED 70 YEARS
AGED 70 YEARS,RESIDING AT VALLIKKATTU BUILDING,
OPPOSITE JAS BUILDING,GANDHINAGAR P.O, KOTTAYAM
BY ADVS.
SRI.V.G.ARUN (K/795/2004)
SMT.INDULEKHA JOSEPH
SRI.NEERAJ NARAYAN
SRI.S.SABARINADH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM 01
2 DIRECTORATE OF HEALTH SERVICES
GENERAL HOSPITAL JUNCTION,THIRUVANANTHAPURAM 695 035
REPRESENTED THROUGH DIRECTOR
3 DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE
DEVIKRIPA,PALLIMUKKU PETTA P.O,REPRESENTED THROUGH
DIRECTOR
4 DEPARTMENT OF LOCAL SELF GOVERNMENT
REPRESENTED THROUGH PRINCIPAL SECRETARY, SECRETARIAT
THIRUVANANTHAPURAM 01
5 THE KERALA STATE POLLUTION CONTROL BOARD
PATTOM P.O, THIRUVANANTHAPURAM 695 004
6 SUCHITWA MISSION
LOCAL SELF GOVERNMENT DEPARTMENT
GOVERNMENT OF KERALA 695 001
SRI ARAVIND KUMAR BABU, SENIOR GOVERNMENT PLEADER
FOR R1 TO R4 AND R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 37230 of 2016 -2-
JUDGMENT
S. Manikumar, C. J.
Instant public interest writ petition is filed for the following reliefs:-
"i. Issue a writ of mandamus directing the 5 th respondent to comply with Section 17(1)(a) and 17(1)(k) of the water act.
ii. Issue a writ of mandamus directing the 6th and 4th respondents to regulate the functioning of agencies collecting latrine and septic tank waste in accordance with law.
iii. Issue a writ of mandamus directing the 1st, 3rd, 4th, and 6th respondents to facilitate adequate and proper treatment facilities for septic tank and latrine waste."
2. After considering the counter affidavit filed by the Kerala State Pollution Control Board, the 5th respondent, by an order dated 18.06.2018, a Hon'ble Division Bench of this Court directed the State to respond to the above matter of alleged indiscriminate and unscientific disposal of septic tank waste into rivers, canals, paddy land and other public areas, creating contamination and causing health hazard.
W.P.(C) No. 37230 of 2016 -3-3. Subsequently, taking note of the stand taken in the counter affidavit filed by Suchitwa Mission, the 6th respondent herein, with regard to setting up of Septage Treatment Plants in various districts, on 09.10.2018 a Hon'ble Division Bench of this Court, passed the following orders:-
Pursuant to our last order dated 18.6.2018, the 6th respondent (Suchitwa Mission) has filed a counter affidavit narrating the steps taken by it with regard to setting up of Septage Treatment Plants in various districts. We find therefrom that while the Government had, taking note of the necessity of establishment of Septage Treatment Plants, through Government Order dated 14.7.2011 identified lands in 9 districts for the purposes of setting up such plants, the plan did not materialise on account of widespread public protest. As a result, the Septage Treatment Plants have been established on turnkey basis only in Kochi and Trivandrum. This is over and in addition to the stand alone Septage Treatment Plants in the Cochin Port Trust premises. The affidavit also indicates that steps have been initiated to establish a stand alone Septage Treatment Plant in Erumeli in Kottayam district.
2. Taking note of the issue projected in the Writ Petition, which is one that is filed in public interest, and finding that steps need to be taken by the State Government to establish Septage Treatment Plants in all the districts in the State, we direct the first respondent to file an affidavit, after getting the necessary inputs from the fourth and the sixth respondents as regards the steps that W.P.(C) No. 37230 of 2016 -4- are proposed by the State Government for the purposes of establishing Septage Treatment Plants in all districts within the State. The affidavit shall also contain the details regarding the objections from the public in connection with the establishment of Septage Treatment Plants in the locations proposed earlier. The stage of construction of the Septage Treatment Plants where construction activities have already commenced and the extent of mechanisation proposed in the treatment of septic tank waste shall also be indicated in the affidavit.
4. We deem it fit to extract the relevant portions from the counter affidavit filed by the Directorate of Health Services, the 2 nd respondent, which reads thus:-
"2. It is submitted that, it is an admitted fact that the contamination of water resources by the discharge of septic tank waste in water resources and public places is causing severe health hazards to the society. The control of indiscriminate disposal of septic tank waste in public places and in rivers, streams, public places and adjacent to wells and the execution of treatment of sewage waste and trade effluents is highly essential for providing safe drinking water and for the prevention of pathogenic diseases caused by them.
It is submitted that the main contention made by the petitioner is against the Pollution Control Board and Local Self Government, who are the actual implementing authorities of the provisions of Water Act. It is humbly submitted that wherever there is a specific complaint against a particular small water body W.P.(C) No. 37230 of 2016 -5- such as a pond or a well, the chlorination is undertaken by this department through the public health staff deployed in that area. It is also humbly submitted that at present this department has no infrastructure for full water testing which is inclusive of chemical and virological analysis. The Bacteriological testing is done by depending on medical colleges in the state. Therefore it is most respectfully submitted that this Honourable Court may issue necessary direction to the concerned department."
5. It is also relevant to extract the relevant portions from the counter affidavit filed by the Kerala State Pollution Control Board, the 5th respondent, which reads thus:-
"4. It is respectfully submitted that the restrictions for discharge of sewage or trade effluents have been placed in the Water (Prevention and Control of Pollution) Act, 1974. Though specific standards were not notified as part of Act / Rules at that time, the CPCB had on various occasions brought out industry specific standards for compliance and in the absence of such standards, standards were assigned based on the cases dealt with or IS standards were followed. But the standards for discharge of effluent from various types of industries (industry specific standards) and quality to be achieved for discharges to water bodies have been specified later as part of the Rules notified under The Environment (Protection) Act, 1986. The standards for discharge of effluents have been laid down in the Schedule VI of the Environment (Protection) Rules, 1986. The National Standards prescribed in the above Rules are applicable to the W.P.(C) No. 37230 of 2016 -6- State of Kerala also. The Board is issuing consents to industrial units or other establishments coming under the purview of the Board, with conditions to discharge trade effluent or sewage after treating the same to the standards applicable. Hence the contention that no standards were applicable for discharge of sewage into water bodies is not correct and hence denied.
5. In this regard it is respectfully submitted that the Board does not allow or issue consents to units to discharge trade effluents or sewage either industrial or domestic directly to rivers. The Board had also brought the high rise buildings with residential units under the consent purview and had insisted for setting up of STPS for treatment of sewage and sullage generated from such units. This was done considering the pollution potential from such units and the possibility of discharging sewage to nearby water bodies. Hence the contention that the Board had not formulated any programme for prevention of pollution of rivers is not correct and hence vehemently denied. The action taken for restricting untreated waters to the water bodies by means of consent mechanism is by itself a concrete measure and a part of the comprehensive programme, to ensure that the rivers remain uncontaminated. Separate actions for rivers are taken up when the pollution load of the river is large or when the above measures fail to yield good results.
6. It is submitted that as a part of the water quality monitoring programme of the Board, samples are collected and analysed yearly (from 128 stations under the national scheme and from 115 stations comes under the State scheme) from various water bodies. The monitoring results are indicative of the fact W.P.(C) No. 37230 of 2016 -7- that though the inference of contamination from industrial sources is not prominent, the contamination due to coliform bacteria which is a clear suggestion of sewage contamination does exist. This is more prominent in case of low lying areas and areas near to thick habitations close to water bodies. This is attributed to the fact that there are no common collective mechanisms, sewerage systems, in place for conveyance and for further treatment of sewage in urban areas. The only facilities now available are the Sewage Treatment Plants (STP) at Muttathara, Thiruvananthapuram (capacity 107 MLD) and the STP at Elamkulam (capacity 4.5 MLD). The STP at Thiruvananthapuram is functioning under capacity as the system envisaged for collecting sewage from certain parts of the city has not been materialized yet. There are two seasonally operating sewage treatment plants at Sannidhanam (capacity 5 MLD) and Pamba (3.5 MLD) for catering to the needs during the pilgrimage season. To satisfy the needs of house boats operating in the tourism sector two STPS are in operation, one at Kumarakom (capacity 90 m³/day) in Kottayam and another at Kunnumma in Alappuzha (capacity 180 m³/day). Though there is an STP of 3 MLD capacity in Chakkamkandam in Guruvayur municipality, Thrissur district, due to lack of sewerage system the same has not been made functional. There is an STP of 5 Lakh litres capacity in Taliparamba Kannur. It is understood that though there were proposals for setting up of STPS in Kollam, Kochi(Mundanveli) and Kozhikode under KSUDP schemes, those have not been materialized owing to various reasons.
7. In this regard it is submitted that the Central Pollution Control Board (CPCB) had in 2015 issued directions dated W.P.(C) No. 37230 of 2016 -8- 21.04.15 for setting up of Sewage Treatment Plants(STPs) by local bodies and for utilizing sewage. Based on the directions of the CPCB the State Board has issued directions dated 7.07.15 to all Corporations and municipalities for setting up STPs. Considering the seriousness of the issue and based on the fact that various Departments have to take initiatives for effective implementation of the Directions of the CPCB, the Environment Department had convened a meeting on 31.07.16 on the request of the Board District Level meetings with local authorities are being held by the Board to assess the progress. The Board is a statutory organization for ensuring implementation of the provisions of the Environment related Acts and Rules for control and prevention of pollution. It is the responsibility of the local authority to set up facilities and infrastructure for the above. The Central Pollution Control Board has recently in 2016 notified draft standards for discharge of treated effluents from the Sewage Treatment Plants. There has to be sewage treatment facilities in urban areas. It is also submitted that even in the absence of such facilities, the individual households are duty bound to provide for scientific septic tanks and soak pits for treating the sewage generated so that no untreated effluent could contaminate the underground water. This is insisted in Kerala. Municipal Building Rules which are to be ensured by the authority granting building certificate. It is also a fact that the septage from these scientifically designed tanks will have to be removed periodically; the time frame may vary from 5 to ten years based on their design and maintenance.
8. There are at present only two septage treatment facilities in the State. One is integrated to the STP at W.P.(C) No. 37230 of 2016 -9- Thiruvananthapuram and the other has been set up at Brahmapuram (capacity 100 m³/day). Another plant is under progress at the Cochin Port Trust in Ernakulam(capacity 100 m³/day). In this context it is submitted that a W.P. (C) No. 34496 of 2009 now pending before this Hon'ble Court involving issues in the similar line. Though the State Government had taken many initiatives for setting up septage treatments plants in each district it is reliably understood that the same could not be fully implemented due to availability of suitable lands assigned for the projects. Due to that much progress could not be made in this regard, apart from the establishment of one facility at Brahmapuram."
6. Suchitwa Mission, the 6th respondent, has also filed a counter affidavit, which reads thus:-
"4. It is submitted that this respondent, Suchitwa Mission is appointed as a nodal agency for giving technical assistance to Local Self Government institutions for establishing solid waste management projects. Action is being taken by this respondent to handle solid waste management projection in various Local Self Government Institutions. With respect to the allegations that there are no adequate proper treatment facilities for latrine and septic tank waste it is submitted that the Septage Management is a second generation development issue in Kerala. Considering the necessity of establishment of Septage Treatment Plant, the Government has vide. G.O. No. 1677/2011/LSGD dated 14.07.2011, identified lands in 9 Districts. But the same was not materialized due to widespread public protests from all Districts W.P.(C) No. 37230 of 2016 -10- against the establishment of Septage Treatment Plant.
5. It is submitted that the Government took a policy decision to start a pilot standalone package Septage Treatment Plant in one District and to spread such plants in other Districts also. As first drive, establishing a standalone package Septage Treatment Plant in Kochi, Alappuzha and Palakkad each having capacity of 100m3 /day was considered. As a part of this Septage Treatment Plant Brahmapuram, Kochi has been completed on turnkey basis. and in addition to that one stand alone Septage Treatment in Cochin Port Trust having 100m3 /day is now operational in 50 Cents of land belonging to Port Trust and work at this plant is going on. It is also submitted that the steps have been initiated to establish a stand alone Septage Treatment Plant Erumely in Kottayam District.
6. It is submitted that a major hurdle in implementation of Septage Treatment Plant in Kerala is non availability of land and public protests. Considering the importance and needs of these Treatment Plants, great awareness among the general public is necessary through the rigorous campaign all over Kerala.
7. It is submitted that Kerala is the leading State in ensuring toilet usage thereby preventing open defecation. Kerala has declared open defecation free in the Rural sector by 1 November, 2016 as part of Swachh Bharat Mission. Due to the declaration of open defecation free, the State has provided 1,74,720 Nos individual household latrines. Open defecation free activities in Urban areas are ongoing which is focusing on new toilet construction and conversion for insanitary toilets to W.P.(C) No. 37230 of 2016 -11- sanitary ones. It is submitted that action is being taken by this respondent to provide license to Honey suckers in Thiruvananthapuram Corporation and Cochin Corporation for safe handling of Septage facility."
7. Material on record discloses that the petitioner has filed reply affidavits to the counter affidavits filed by respondent Nos. 5 and 6 respectively.
8. After considering the pleadings and submissions and also the averments made in the additional affidavit dated 25.01.2020 filed by the learned Senior Government Pleader on behalf of the 4 th respondent / Department of Local Self Government, this Court on 02.03.2020, passed the following order:-
"The main issue involved in this public interest litigation is the indiscriminate disposal of septic tank wastes into rivers, canals, paddy land and other public places which is creating contamination and posing a health hazard.
2. Pursuant to the direction of this court, an additional affidavit dated 25th January, 2020 has been filed by learned Senior Government Pleader on behalf of the fourth respondent/Department of Local Self Government, which reads thus:
"3. It is submitted that 8 projects mentioned in paragraph 9 of the Affidavit dated 07.12.2018 are envisaged under Atal Mission for Rejuvenation and W.P.(C) No. 37230 of 2016 -12- Urban Transformation (AMRUT), a centrally sponsored scheme under the Ministry of Housing and Urban Affairs, Government of India. The Central share in the said project is 50% and remaining 50% cost to be met by the State and Urban Local body. The current status of the project mentioned in paragraph 9 is as follows:
Kollam:- 3 Septage Treatment Plants each of capacity 100 KLD were envisaged under AMRUT in Kollam Corporation as follows:
i) Septage Treatment Plant at Andamukkam (Project cost 4.22 crore)
ii) Septage Treatment Plant at Vasoorichira (Project cost 4.22 crore)
iii) Septage Treatment Plant at Karikkuzhi Ela (Project cost 4.22 crore) Combined Administrative Sanction was issued for these works for an amount of Rs.12.66 Cr. on 22.02.2018. Combined Technical Sanction was also issued for these works for an amount of Rs.9.8Cr. on 22.08.2018. Due to public protest, tender procedures are kept on hold by Kollam Corporation.
Guruvayur: A 100 KLD Septage Treatment Plant at Chaakamkandam (Project cost 4.5 Crs.) was envisaged in Guruvayur Municipality under AMRUT.
Administrative Sanction was issued for the work for an amount of Rs.4.5 Cr. on 31.05.2018. Technical Sanction was issued for the work for an amount of Rs.3.9 Cr. on 30.07.2018. Agreement was executed with M/S Green Bay, Kochi on 11.12.2019. Work has been started.
Thrissur:-A 100 KLD Septage Treatment Plant at Ramavarmapuram (Project cost 3.5 Cr) was envisaged in Thrissur Corporation under AMRUT. Administrative Sanction was issued for the work for an amount of Rs.3.5 Cr. on 01.01.2018. Technical Sanction was issued for the work for an amount of Rs 3.1Cr. on 28.06.2018. Selection notice was issued to M/s Green Eco on 03.01.2020 and Agreement is to be signed.
W.P.(C) No. 37230 of 2016 -13-Palakkad :- A 100 KLD Septage Treatment Plant at Yakkara (Project 341 Cr) was envisaged in Palakkad Municipality under AMRUT, Administrative Sanction was issued for the work for an amount of Rs.3.41Cr. on 23.12.2017. Technical Sanction was issued for the work for an amount of Rs.3 Cr. On 30.06.2018. Permissive sanction for the land selected is awaited from Revenue Department.
Kozhikode: A Combined project for Sewerage (1 MLD & 2 MLD) & Septage (100KLD) Treatment Plant at Medical College (Project cost 14.12 Cr.) was envisaged in Kozhikode Corporation under AMRUT. Administrative Sanction was issued for the work for an amount of Rs.14.12Cr. on 13.11.2017. Technical Sanction was issued for the work for an amount of Rs.14.11Cr. on 30.07.2018. Agreement was executed with M/S.Green Eco - LCGC joint venture on 09.01.2020. Work has been started.
Kannur:- A 100 KLD Septage Treatment Plant at Chelora (Project cost 3.42Cr) was envisaged in Kannur Corporation under AMRUT. Administrative Sanction was issued for the work for an amount of Rs.3.42Cr. on 23.12.2017. Technical Sanction was issued for the work for an amount of Rs.3.1Cr. On 28.06.2018. Agreement was executed with M/s.Green Eco on 09.01.2020. Construction work will start soon."
3. Learned Government Pleader further submitted that in respect of setting up of Septage Treatment Plant in Thrissur and Kannur districts, necessary agreements have been executed with a company, M/s.Green Eco and that the construction work will start soon. So far as Septage Treatment Plant in Palakkad district is concerned, permissive sanction for the land selected is awaited from the Revenue Department. In the case of other districts, work has already been commenced. From the statement filed on behalf of respondent No.4, it is not able to deduce as to when construction would be completed.
W.P.(C) No. 37230 of 2016 -14-Having regard to the pendency of this writ petition from the year 2016 onwards and the time consumed from the date of granting administrative sanction till the actual commencement of work, we deem it fit that the construction of Septage Treatment Plant has to be completed at the earliest. Therefore, the 4th respondent/Department of Local Self Government is directed to furnish details regarding the time required for completion of the work. Parties who have taken up the work of construction of Septage Treatment Plant in various districts are directed to finish the work, as expeditiously as possible and official respondents are directed to facilitate the commencement of the work within the time limit."
9. The 4th respondent, Local Self Government Department has filed a counter affidavit, basically contending that steps are being taken to set up septage treatment plants, in all the districts, and lands are already identified, in nine districts. We are not elaborately discussing the counter affidavit of the said respondent, for the reason that in the interim order, we have dealt with the same in detail.
10. Pursuant to the directions, a statement dated 07.07.2021 has been filed by the learned Senior Government Pleader, setting out the details of projects in various districts, stage, and the expected time of the completion of the projects, to be functional. For brevity, statement dated 07.07.2021 filed by the learned Senior Government Pleader is W.P.(C) No. 37230 of 2016 -15- extracted:-
"2. When the matter came up before this Hon'ble Court on 03.02.2020, this court had directed to place on record a statement detailing the time required for completion of the work specifying all details. In compliance with the same the following details relating to septage plants are placed before this Hon'ble for just and proper disposal of the above case.
Kollam - 100 KLD Septage Treatment Plants at Andamukarr, Vasoorichira & Karikkuzhi Ela are envisaged in Kollam Corporation. Combined Administrative Sanction was issued for these works for an amount of Rs.12.66Cr. on 22.02.2018. Combined Technical Sanction was issued for the works for an amount of Rs.9.8Cr. on 22.08.2018. Due to public protests the Corporation decided to cancel the Septage Plants. The mater was deliberated in the 20th State Level Technical Committee (SLTC) held on 17.02.2021 & in the 27th State High Power Steering Committee (SHPSC) held on 20.02.2021. The SHPSC agreed to the suggestion of the Hon'ble Mayor of Kollam to cancel the Septage Plants and use the amount available from the projects as well as the unused amount till date in Sewerage Sector of Kollam under AMRUT for implementing the balance sewer network (balance of KSUDP), as the same is necessary for implementing a complete sewerage system in Kollam Corporation along with the Sewage Treatment Plant (12 MLD) being implemented under AMRUT It Kureepuzha.
Thrissur - 100 KLD Septage Treatment Plant at Ramavarmapuram is envisaged in Thrissur Corporation.W.P.(C) No. 37230 of 2016 -16-
Administrative Sanction was issued for the work for an amount of Rs.3.5Cr. on 01.01.2018. Technical Sanction was issued for the work for an amount of Rs.3.1Cr. 28.06.2018. Selection notice was issued to M/s.Green Eco4 Hyderabad on 31.12.2019 &Agreement is to be signed. The Corporation Council held on 15.07.2020 decided to proceed further with the project after obtaining consent to establish from KSPCB. Accordingly, application was submitted to the KSPCB and consent to establish dated 28.05.2021 was issued by them. The Council held on 16.06.2021 gave approval for signing the Agreement and for taking further necessary actions. The Contractor is expected to complete the formalities and the sign the Agreement soon. The plant is expected to be functional 9 months after the date of award of work.
Guruvayur - 100 KLD Septage Treatment Plant at Chakamkandam is envisaged in Guruvayur Municipality. Administrative Sanction was issued or the work for an amount of Rs.4.5Cr. on 31.05.2018. Technical Sanction was issued for the work for an amount of Rs.3.9Cr. on 30.07.2018. Agreement was executed with M/s. Green Way Solutions, Kochi on 11.12.2019. Land filling works were started but the same was stopped for want of permission from Revenue Department. The Revenue Development Officer informed on 29.12.2020 that the land selected is coming under 'Wet Land' category. It was also informed that for issuing permission for filling the land, category of the land has to be changed in the Govt. databank and for this purpose; recommendation of Local Level Monitoring Committee (LLMC) is required. Accordingly the matter was placed before the LLMC held on 15.02.2021. The Agricultural Officer W.P.(C) No. 37230 of 2016 -17- informed the Municipality on 17.04.2021 that the LLMC decided not to recommend the category change of the selected land. The ULB then selected another land (KWA land near the existing 3 MLD STP of KWA at Chakkamkandam) and vide letter dated 02.06.2021 requested the intervention of the Mission Director, AMRUT for obtaining the necessary permissive sanction from KWA for constructing the Septage Plant on the KWA land which is already filled and near the proposed location. The Mission Director, AMRUT requested the Managing Director, KWA (vide letter dated 10.06.2021) to issue the necessary permissive sanction. In the meeting held on 23.06.2021 the KWA informed that the balance filled land is set aside for the future expansion of the existing MLD STP. When the 3 MLD STP is commissioned the Septage from the Municipality can also be treated in it and for this purpose a dilution tank has been planned to be constructed. Hence a separate 100 KLD Septage Plant need not be constructed adjacent to the existing STP. Approval of the Municipal Council is to be obtained for co-treating the septage in the existing 3 MLD STP of KWA and for cancelling the 100 KLD Septage Plant.
Palakkad - 100 KLD Septage Treatment Plant at Yakkara is proposed in Palakkad Municipality. Administrative Sanction was issued for the work for an amount of Rs.3.41Cr. on 23.12.2017. Technical Sanction was issued for the works for an amount of Rs.3Cr. on 30.06.2018. Selection Notice was issued on 04.08.2020 to M/s. Dora Infrastructures, Kochi and Agreement is to be signed. Permissive sanction from Revenue Department is awaited for the selected land (Palakkad Medical College land). For issuing permissive sanction for the Palakkad Medical W.P.(C) No. 37230 of 2016 -18- College land a mutual land transfer has to happen between Revenue Department & the Scheduled Caste Development Department. The Land Revenue Commissioner submitted the proposal in this regard to Principal Secretary, Revenue and the Principal Secretary, Revenue informed vide letter dated; 10.02.2021 that they have forwarded the file to Scheduled Caste Development Department for their comments. The Land Revenue Commissioner informed on 24.06.2021 that the Palakkad Medical College land cannot be made available for constructing the Septage Plant as the SC Development Department had not agreed to transfer the same to the revenue Department for this purpose. The Chief Secretary conducted a meeting on 02.07.2021 involving all concerned departments as per the request of the Mission Director, AMRUT and in the meeting the Secretary, Scheduled Caste Development Department was directed to prepare a report after relooking the earlier stand taken by the department, considering the present facilities available in the campus & possibility of accommodating the Septage Plant in the proposed land. The plant is expected to be functional 9 months after date of award of work.
Kozhikode - Combined project for Sewerage (1 MLD & 2 MLD STPs) & Septage (100 KLD co-treatment in the 2 MLD STP) treatment at Medical College is envisaged in Kozhikode Corporation. Administrative Sanction was issued for the work for an amount of Rs.14.12Cr. on 13.11.2017. Technical Sanction was issued for the work for an amount of Rs.14.11Cr. on 30.07.2018. Agreement was executed with M/s.Green Eco - LCGC joint venture on 09.01.2020. Consent to establish dated 04.06.2020 W.P.(C) No. 37230 of 2016 -19- was issued by the KSPCB. Sewer pipe laying works are in progress. The plants are expected to be functional by 31.12.2021.
Kannur - 100 KLD Septage Treatment Plant at Chelora is proposed in Kannur Corporation. Administrative Sanction was issued for the work for an amount of Rs.3.42Cr. on 23.12.2017. Technical Sanction was issued for the work for an amount of Rs.3.1Cr. on 28.06.2018. Agreement was executed with M/s.Green Eco on 09.01.202x, Legacy waste dumped at the location to be removed for starting the work. Clearance of legacy waste (KSIDC Project) dumped has been stopped due to increase in the anticipated quantity of waste to be removed. The Steering Committee of the ULB held on 27.04.4021 approved the proposal of getting the site cleared as separate work. Accordingly the ULB floated tender on 21.05.2021 for legacy waste removal (Septage Plant location only) with 05.06.2021 as the due date. Certain corrections were made in the tender document & the tender was extended up to 19.06.2021. Three bids were received in the tender and the ULB is to issue selection notice to the lowest bidder after obtaining approval of the Corporation Council. The plant is expected to be functional by 31.12.2021.
Alappuzha - 10 KLD Mobile Septage Units (2 nos.) are proposed in Alappuzha Municipality. Administrative Sanction was issued for the work for an amount of Rs.0.80Cr. on 30.03.2019. As per the direction of TS Committee held on 26.07.2019, KSPCB's recommendation was sought by the ULB on 30.07.2019. KSPCB issued their recommendation on 26.06.2020. Revised DPR and estimate was prepared by the Consultant and the TS Committee held on 26.05.2021 decided to W.P.(C) No. 37230 of 2016 -20- issue TS. The Consultant has been directed by the ULB to prepare the tender documents. The mobile Septage units are expected to be functional 9 months after the date of award of work."
11. Grievance of the petitioner is that despite several representations, there was indiscriminate and unscientific disposal of latrine and septic tank waste in rivers, canals, roads, paddy fields and other public places, and in as much as the State and other authorities have failed to comply with the statutory provisions, mandamus has been sought for, to regulate the functioning of the agencies collecting latrine and septic tank waste, in accordance with law, in as far as to provide proper treatment facilities for septic tank and latrine waste.
12. Learned counsel for the petitioner has submitted that complaints are there before the Local Self Government Institutions, with regard to the dumping of septage waste in water bodies, paddy fields and other public places used by human beings for their day-to-
day basic requirements. However, no action is being taken either by the Municipality or other authorities including the Police.
13. Now that the Government, have filed a detailed statement dated 07.07.2021 about the projects, stage and implementation of the W.P.(C) No. 37230 of 2016 -21- same, details of which are extracted supra, and that a specific time line has been set out, for functioning of the plants, we sincerely hope that the same would be honoured, in letter and spirit, without giving room, for any further litigation, and to have a permanent solution for the disposal of latrine and septic tank waste, so as to avoid dumping it in rivers, canals, paddy lands and other public places.
14. Taking into account the seriousness of the matter, we are of the considered opinion that a general direction is required to be issued with respect to the issue pointed out by the petitioner.
15. When the State, has filed a statement, as recorded in the foregoing paragraphs, there will be a direction to the State Government, Local Self Government Institutions and other authorities to ensure that no septage waste is dumped in water bodies, paddy fields and other public places and also to ensure that the private transporters of septage waste are channelized through the septage treatment plants available in the districts at present or in the nearby districts.
16. We are also inclined to issue a direction to the respondents that any person dumping the septage waste in water bodies and other W.P.(C) No. 37230 of 2016 -22- places as specified above, shall be dealt with seriously and appropriately by all the law enforcing agencies, without fail.
We also make it clear that, if a complaint is received before this Court about the inaction of the above authorities to do so, it would be viewed and dealt with seriously, treating it as willful and deliberate lapses on the part of the statutory authorities, in preventing such illegal actions. Provisions of the Contempt of Courts Act, 1971, would be considered, in case of violation.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb W.P.(C) No. 37230 of 2016 -23- APPENDIX OF WP(C) 37230/2016 PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 02-12-2011, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P2 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 10-08-2011, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P3 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 05-05-2013, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P4 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 25-12-2015, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P5 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 03-06-2013, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P6 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 11-06-2015, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P7 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 20-05-2015, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P8 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATEDN 27-08-2015, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P9 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 26-09-2015, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P10 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 24-06-2015, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P11 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 31-03-2015, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION W.P.(C) No. 37230 of 2016 -24- EXHIBIT P12 A TRUE PHOTOCOPY OF THE NEWSPPAER REPORT DATED 05-07-2016, PUBLISHED IN MATHRUBHOOMI DAILY ALONG WITH ENGLISH TRANSLATION EXHIBIT P13 A TRUE PHOTOCOPY OF THE REPLY DATED 20-07-2016 ALONG WITH ENGLISH TRANSLATION EXHIBIT P14 A TRUE PHOTOCOPY OF THE REPLY PREFERRED BY THE 6TH RESPONDENT DATED 17-08-2016 TO EXHIBIT P12 ALONG WITH ENGLISH TRANSLATION