Thread by @LiveLawIndia

The Kerala High Court is hearing the suo motu petition initiated by it in connection with the fire at the Brahmapuram Waste Management Plant
#KeralaHighCourt #Brahmapuramfire

The matter is before the Division Bench of Justice S.V. Bhatti and Justice Basant Balaji
#KeralaHighCourt #Brahmapuram

The report of the Court's order yesterday can be found here:

livelaw.in/news-updates/k…

In furtherance of the Court directions, the Additional Chief Secretary, Local Self Government Department, Government of Kerala, is present before the Court today via video conference.
#KeralaHC #Brahmapuramwasteplant

The Bench said that it would first dictate an order, after recapping the events of the previous day, and then proceed to hear the persons.
#KeralaHC #Brahmapuramwasteplant

Court proceeds to dictate the order:
In the present suo motu petition, the public interest is the only priority of this court. In the process, this court would be considering issuing directions to be carried out by the officers of the State and also by the persons entrusted...

...with the functions and duties by the environmental laws, Environment Protection Act r/w Rules and Solid Waste Management Rules 2016
#KeralaHC #Brahmapuramwasteplant

HC Order: The present Suo Motu initiative of the Court is not to be treated as publicity interest litigation or prosecution interest litigation initiated by HC
#KeralaHC #Brahmapuramwasteplant

HC Order: Being constitutional court, this court is the custodian and guardian of rights of citizens under Constitution and protecting rights assured to citizens under EP Act, etc.
#KeralaHC #Brahmapuramwasteplant

HC Order: In incidents in the immediate past, this Court has noticed that these rights of citizens part in Ernakulam are at stake. Therefore, this suo motu seeks to address this situation
#KeralaHC #Brahmapuramwasteplant

The Court informs through its order that it would not be entertaining any impleading petition from any quarter for now, but would be focusing on the issues at hand.
#KeralaHC #Brahmapuramwasteplant

Court: We also see that charity begins at home, we change it to suit that change begins from us.
#KeralaHC #Brahmapuramwasteplant

The Court adds that it thinks it can enlist voluntary part of legal fraternity in solving a mammoth problem in State.
#KeralaHC #Brahmapuramwasteplant

The Court proceeds to address the Additional Chief Secretary.
#KeralaHC #Brahmapuramwasteplant

The Addl. Chief Secretary reads the Rules, 2016.
#KeralaHC #Brahmapuramwasteplant

Court: Are you contemplating to issue any notification under latter part of Rule 2 to embrace all the facilities which are high intense or potential generators of Solid Waste?
#KeralaHC #Brahmapuramwasteplant

Court: This is an area where State govt. can step and issue a notification to give strength to arms of local bodies.
#KeralaHC #Brahmapuramwasteplant

Addl, Chief Secretary: Yes, Sir. We shall do so.
#KeralaHC #Brahmapuramwasteplant

Court: By what time can a notification be expected from State govt? You can take it up for consideration before High Level committee constituted tomorrow.
#KeralaHC #Brahmapuramwasteplant

The Addl. Chief Secretary states it shall be done.
#KeralaHC #Brahmapuramwasteplant

Court: Madam, come to Rule 22. These Rules issued in 2016. How far have we travelled down this road?
Addl. Chief Secretary proceeds to remark on the same.
#KeralaHC #Brahmapuramwasteplant

Addl. Chief Secretary: Regarding non bio waste, 100% has to have collection, segregation, recycling etc. In all these points, very clear instructions have been issued by govt. But problem is we take one step forward, two steps back.
#KeralaHC #Brahmapuramwasteplant

Addl. Chief Secretary: Segregated waste collection is insisted upon. All local governments have framed laws, but unfortunately the implementation is...
#KeralaHC #Brahmapuramwasteplant

Court: Whatever you're saying is only in letter, We don’t have to tell you how to administer. The problem is with respect to implementation. We cannot be oblivious to what is in front of our eyes. Should we tell you why we haven’t ordered prosecution?
#KeralaHC #Brahmapuram

Court: We want a concrete solution from you, This is what we are expecting from you. All local bodies are under you.
#KeralaHC #Brahmapuramwasteplant

Court: One things is clear in State of Kerala. You have to take calls whether today or never. We will be giving you time for establishing facilities - Functional facilities and not just skeletal facilities – in municipal corporations, municipalities and gram panchayats.
#KeralaHC

Court: We want state govt to commit on this... We want you to issue orders and instructions to make everyone responsible in this behalf.
#KeralaHC #Brahmapuramwasteplant

Court to Addl. Chief Secretary: Regulate and control at source generation. You have to issue orders to make everyone responsible in this regard.
#KeralaHC #Brahmapuramwasteplant

Court: You will devise a plan where elected representatives will be responsible for segregation, disposal, handling of waste. We will be periodically monitoring the short term and long term measures undertaken by you, with a bird's eye view.
#KeralaHC #Brahmapuramwasteplant

Court: I'm not setting up any utopian goal, we have already lost 6 years on this. In a state like Kerala you can accomplish results in a short time. We don't want bulky reports. We want a bullet presentation with a timeline.
#KeralaHC #Brahmapuramwasteplant

Court: I have 25 years of experience with environmental law. I know how these bulky reports function. We don't want a bulky report from you
#KeralaHC #Brahmapuramwasteplant

Court: After that, we will be calling upon you to impose fines and penalties.
#KeralaHC #Brahmapuramwasteplant

Court now moves on to the Secretary, Cochin Municipal Corporation.

Court asks the Secretary what the level of controlling the fire is.
#KeralaHC #Brahmapuramwasteplant

Secretary: It is fully under control. Yesterday we had a fresh fire last night, that has also been put out now.
#KeralaHC #Brahmapuramwasteplant

Court: Around 9PM, there was more incineration we hear. What is the time within which you can bring the fire fully under control
Secretary: Since yesterday there is a stand by team, that is working through the night
#KeralaHC #Brahmapuramwasteplant

Court: being the officer in charge of this, what are the efforts that have been put in? We are told that there is no power supply in the area.
Secretary: Yes we are using generators.

Court: When we convene by Friday regular power supply to handling plant has to be ensured.
#KeralaHC #Brahmapuramwasteplant

Court: In our next hearing, can you place computer generated data on the weight of waste generated and brought there each day?
Secretary: I can.
#KeralaHC #Brahmapuramwasteplant

Court: What about malls and other big establishments that generate waste?
Secretary informs only 106 establishments have adopted the appropriate practice.
Court: Issue notice to the rest in two days.
#KeralaHC #Brahmapuramwasteplant

Court: This is a two pronged approach. One is at source, what you plan to do. And then what you want to do at the handling facility.
#KeralaHC #Brahmapuramwasteplant

Court asks how segregation is done at Brahmapuram plant.
#KeralaHC #Brahmapuramwasteplant

Court: Sometime in 2016, a program I attended. Localized solid waste handling. They can clean and go away, whatever they generate is immediately recycled and reused. I attended this program in 2016 at Chennai. I'll try to get the information and share.
#KeralaHC #Brahmapuram

Court: What is the time for establishing window composite plan?
Secretary gives a window.
Court: No. We don't want to go beyond Environment Day to implement these measures. On June 5th, it is going to be an improved situation.
#KeralaHC #Brahmapuram

Secretary: I added some buffer time due to monsoons.
#KeralaHC #Brahmapuramwasteplant

Court: Day after tomorrow, please reduce the time schedule. Tell us shortest time within which you can complete
#KeralaHC #Brahmapuramwasteplant

Court: Last Thursday onwards, you are not collecting waste in Kochi. How many more days do you need for that job?
Secretary: Tomorrow onwards we will pick up.
#KeralaHC #Brahmapuramwasteplant

Court: issue notice to all establishments that aren't falling in line, Please be very tough there. You have to further work on your proposals and further make it simple. We will appoint people to monitor your progress
#KeralaHC #Brahmapuramwasteplant

Court now hears the District Collector, Renu Raj.
#KeralaHC #Brahmapuramwasteplant

The District Collector informs Court of steps taken by District Administration with the assistance of the Navy, Airforce and Disaster Management Authorities.
#KeralaHC #Brahmapuramwasteplant

Collector: Kind of fire at Brahmapuram a kind of shouldering fire where there is smoke and fire under piles, which requires physical excavation. We were working during day time.
#KeralaHC #Brahmapuramwasteplant

Collector: What we have done is by yesterday, we have requested other collectors to send whichever machinery they have to do this excavation and other.... they have.
#KeralaHC #Brahmapuramwasteplant

Court: you are District collector. Powers on you and the confidence system has imposed on you are different.
You know incident happened on Thursday. Immediate steps are containment.
#KeralaHC #Brahmapuramwasteplant

Court: You know how difficult it was to breath on Saturday? How is monitoring done?
Collector: 4 monitoring stations are there in Kochi
Court: For a big city like Kochi that is very inadequate.
#KeralaHC #Brahmapuramwasteplant

Court: What amelioration steps have you taken under the Act, Madam?
Collector: Earlier air quality was around 900, now we have brought it down to 100
Court: I am asking about amelioration, you are talking about control
#KeralaHC #Brahmapuramwasteplant

Court: What instructions have you given the public?
Collector: We have given instructions to elderly, asthmatics, etc.
She informs that the directions were issued based on advice of senior doctors.
#KeralaHC #Brahmapuramwasteplant

Court asks Collector to go through Rules
#KeralaHC #Brahmapuramwasteplant

Court: Coming Rule 12 (b) of solid waste management rules, tell us whether this exercise has been carried out. Anything done by the corporation has to be with intimation to the collector.
#KeralaHC #Brahmapuramwasteplant

Court: Environment degradation also a disaster.
Whatever being done henceforth in implementing these Rules, it shall be strictly under intimation of District Collector. And any insufficiency found in the same has to be brought to the notice of the court
#KeralaHC #Brahmapuram

Court: Being District Collector, you should've been more assuring on your presence during crisis period.
Someone sent me a message to me today about your yesterday's press release. You said you require 2 more days to control fire.
#KeralaHC #Brahmapuram

Court: We don't say you have let us down, but if your team is active as much as Act expects from you, situation would not have gone till this. Please file latest report by Friday on actions you'd be taking to see these rules are implemented.
#KeralaHC #Brahmapuram

Court: We don't want District collector to stay away from this issue. Friday we expect a comprehensive affidavit from you.
#KeralaHC #Brahmapuram

Court now moves on to the Chairman, Pollution Control Board (PCB)
#KeralaHC #Brahmapuram

Court refers to the role of PCB under the Water act and Air Act.
Court: Have you conducted an environment audit here?
PCB: No but we regularly conduct inspections.
#KeralaHC #Brahmapuram

Court: I was hearing a case on monday where a PCB officer was asking for 15 lakhs for consent for establishment of a stone crusher.
I want you to take a look at the file, so that you know what is going in the PCB.

The PCB Chairperson informs court regarding vacant positions in the Board and less personnel available.
#KeralaHC #Brahmapuramwasteplant

Court: Tell us on Friday about vacant posts in the Board. Under Rule 16, you have enormous responsibility. You can't discharge this unless and until you have sufficient staff.
#KeralaHC #Brahmapuram

Court: Friday what Court expects from you is this is the adverse impact on environment due to this mishap. What should corporation thus be doing? You may independently come to Court with improvement not criticism.
#KeralaHC #Brahmapuram

Court: If we don't get proper assistance from PCB, we will be taking on board other experts including Central PCB. I don't want to underestimate the officers in Kerala.
#KeralaHC #Brahmapuram

Court says for next hearing, the Secretary of Municipal Corporation will be present, others can be present online.
AG informs the Court that a new District Collector would be joining since Ms. Renu Raj has been transferred.
#KeralaHC #Brahmapuramwasteplant

Raj informs that she shall brief the incumbent
#KeralaHC #Brahmapuramwasteplant

Court: Next time, let the District collector remain present since there is a new incumbent. After that, can join online.
#KeralaHC #Brahmapuramwasteplant

The Corporation Secretary informs the Court that unlike in the other States, in Kerala, Municipal Corporation Secretary can only put recommendations before Councillors and the Mayor
#KeralaHC #Brahmapuramwasteplant

Court proceeds to dictate the order.
#KeralaHC #Brahmapuramwasteplant

Court after dictating the Order: AG, we want your presence for next hearing also. Few drastic steps we may be taking, we will hear you and take.
#KeralaHC #Brahmapuramwasteplant

Court informed that there was no order from the District Collector granting a holiday to school students. The Court was informed that the pollution was unbearable for the students, and they were sent back. It was further informed that tomorrow also, no holiday is declared yet.

Court: Collector, we don't want to take you by surprises. Please ask your deputies to immediately go there. What is called 'Precautionary Principle' is there. Please immediately take action on that. Have sufficient information circulated.
#KeralaHC #Brahmapuramwasteplant

Court: This is an information he is giving in larger interest of youngsters. By 6 o' clock, information should go out.
#KeralaHC #Brahmapuram

Court: Additional Chief Secretary, Madam, we are really expecting good guidance from you...what you have given is good. But I don't want words, I want actions.
Bench rises.
#KeralaHC #Brahmapuramwasteplant