Thread by @LiveLawIndia

The Kerala High Court is set to continue the hearing on the suo motu petition initiated by it in connection with the fire at the Brahmapuram Waste Management Plant.

#KeralaHC #Brahmapuramfire #Brahmapuramwasteplant

The matter is before the Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji.

#KeralaHC #Brahmapuramfire #Brahmapuramwasteplant

The Court had, on Wednesday, sought for a detailed plan for solid waste management.
The previous report can be found here:

livelaw.in/news-updates/b…

The matter has been taken up.

#KeralaHC #Brahmapuramfire

Advocate General informs the Court that the affidavits have been filed by the authorities.
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The new Ernakulam District Collector is present before the Court
Court: We welcome you with a big problem.
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Court: We will first take up affidavit filed by the Additional Chief Secretary.
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Court: Are you comfortable if we take up debate and dialogue on each of the aspects?
AG: Yes

The Affidavit is being read.
Court: We have observed in our last order that the Secretary of Cochin Municipal Corporation issued notice on the bulk waste generators. We believe and have also read that he has taken steps.
#KeralaHC #Brahmapuramfire

Court: On judicial side, we are not going to deviate from anything. On this, we want Secretary to note one thing. All these bulk generating establishments are asked to get into a lull. You have a perpetual exemption from implementation of these Rules. Thus, you continued.

Court: Because of that, you may not have provisional facilities and permanent facilities. Till a regular arrangement is in place, he will give instructions to all of them to put in place provisional facilities; ie, segregation, handle, handover
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Court: All of us, we keep our baggage in car, go outside and dump in Kochi, so we will have a scattered dumpyard. Secondly, by not collecting waste from houses, we are also making them a source of ill-health. That also, we will have to immediately address
#KeralaHC #Brahmapuram

Affidavit is read again
Court: What are the timelines for these activities? These are the decisions of the Committee. Now, it becomes an implementing agency. The time would be slightly stepped us, hence.
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Court asks Addl. Chief Secretary, Sarada Muraleedhar, for the timelines.
Court: AG, and Addl. Chief Secretary, are we accepting sanctity of World Environment Day as the day for meeting these? Can we go on record?
Addl. Chief Secretary: Yes, Sir.
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Muraleedhar informs the Court that the Minister is holding a discussion with local governments and has already drawn out a more detailed timeline that would culminate by then, and which would be submitted as an Additional Affidavit.
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Muraleedhar informs that the last date set for plastic waste collection is May 30th.
Court: Is present state of affairs a product of contributory negligence?
Cochin which should've been a Smart City, is rendered an unclean city.
#KeralaHC #Brahmapuramfire

Court: However, efforts should be to make it clean. That is possible with proper cooperation.
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Court: Commitments given by the State government before the NGT, had they been implemented as per the Schedule, one more pathetic situation....
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Court: In all affidavits filed before the NGT, State govt maintained reticence.
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Court; Addl. Chief Secretary had issued another govt order in 2020 regarding mode and manner of dealing with solid waste generation in the State of Kerala; we are now in 2023.
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Addl. Chief Secretary: I had personally reviewed all the local governments in the State and had given them very clear targets and timelines starting from 100% waste collection to non-bio waste collection to management of facilities etc, and had given 120 action points
#KeralaHC

Court asks for percentage of performance by these Gram Panchayats.
Addl Chief Secretary: All of them have door to door collection facilities but...
Court points out the unauthorized dumping of wastes in Kadamakudy.
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Court: What we are trying to inform the State is that we have spent enough time on deliberations. Time has come for us to act swiftly and act correctly in the position now.
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Addl. Chief Secretary: I completely agree, Sir. But we have a range of performance. All these local governments, the performance is not equal.
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Addl. Chief Secretary: We have been tracking that and what we propose to do is that in all those local govts where collection is not par, we will use this crisis as an opportunity to push them, to hold secretaries accountable as directed by you.
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Court: Now we're grappling with Environmental pollution. Has the State Govt exercised its power under Section 5 of the Environment Protection Act at any point of time?
#KeralaHC #Brahmapuramfire

Court: Only way you can make them understand is by issuing directions under Section 5 of the EP Act.
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Court: By issuing directions under Section 5 EP Act, the position becomes watertight compartment. So people cannot just say that it is only very casual in nature.
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Court is informed that as many as 75 orders have been issued.
Court: Let us see. If Government Orders are not working, punishment is the only option.
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Court tells AG that these are not under Section 5 EP Act.
#KeralaHC #Brahmapuramfire

Court: Yesterday we wanted Electricity Board to restore connection. Has it been done?
On this point, we would be impleading KSEB also. Logic is in the implementation of EP Act, there is development in the country only with the power incorporated to disconnect water, power, etc

Court: Only then, people start listening to authorities
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Court: By looking at the Orders, we can see its GOs, not under Section 5 EPAct. Under Section 5, it is important to issue orders.
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Court: So think about it, and issue directions under Section 5 EP Act.
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Court: It has to be first against Municipal Corporations and Municipalities and then comes Gram Panchayats.
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Court: This looks like to me Krackjack biscuit. We have commitment, still we don't commit by what time we do it. I want this Affidavit to come from Addl. Chief Secretary, Sarada. If the timeline comes from her, we will accept it.
#KeralaHC #Brahmapuramfire

Court: You give commitment on behalf of the State, so far as that, we will only supervise
#KeralaHC #Brahmapuramfire

Court: We don't need to reinvent the wheel. Why is cochin taking so much time? reason is we forget about the problem when the atmosphere becomes clear. This time we will not forget till the state government sets strict timelines for the issue.
#KeralaHC #Brahmapuramfire

Court: We will only be content if the Addl. Chief Secretary, submits her affidavit with timelines on the decisions taken by the State Government.
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Secretary of Cochin Corporation: Kochi is one of the finest cities but we have not been able to manage waste properly. As Secretary I take responsibility.
Court: This bench doesn't doubt your ability.
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Court: Today we will constitute a committee with collector, corporation secretary and PCB chairman.
Pollution Control Board Chairman Pradeep Kumar AB: Particulate matter is quite high. Wind pattern has to improve too.
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Court asks the Addl. Chief Secretary why the administration is so slow.
Court: Why can't you bring in fire fighters from other districts and states?
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Addl. Chief Secretary: This is categorized a smoldering fire, which is harder to put out. I am suggesting we should consult national experts on this.
#KeralaHC #Brahmapuramfire

The new District Collector, NSK Umesh, informs the Court that there would be a meeting either this evening or tomorrow morning to discuss the issue.
Court: Then we will relieve you soon. We don't want you to waste your time.
#KeralaHC #Brahmapuramfire

Court to Corporation Secretary: In this matter, you'll only be complying with orders of the Court. Whomsoever you have to regularly report, inform the Court order.
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Court: Chairman, PCB will give 1 officer as member of Committee, 1 technical officer to assist. Same procedure is adopted from the District Administration, as well.
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Court: This time, we suggest the District Collector along with the head dealing with municipal solid waste management.
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Court: And, Mr. Babu (Corporation Secretary), is assisted by two of his officers, to take stock of the facilities put in place.
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Court adds that the District Legal Services Authority shall also accompany to verify the checklist in 2016.

Court: We are tentatively thinking that we can also appoint three lawyers as Amicus Curiae - 1 for Municipal Corporation, 1 for Municipalities, 1 for Grama Panchayats - so that they will be assisting the Court to pinpoint that Govt directed to be done by such time
#KeralaHC

Court: 3 Advocates we will groom them in this EP Act, the law, and so on so that they will also get associated. Whomsoever we can see from their performance, honesty, inclination, we will give the names. We will utilize them.
#KeralaHC #BrahmapuramFire

Court to Addl. Chief Secretary: Till this fire is completely controlled, we will not allow long adjournments
#KeralaHC #BrahmapuramFire

Court: You can virtually attend, we will not waste your time.
#KeralaHC #BrahmapuramFire

The Cochin Corporation had also filed a petition challenging the fine imposed of Rs. 1 Crore imposed by the for non compliance with solid waste management rules in October 2018. Court says it won't dismiss it on ground of maintainability at all.
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Court proceeds to dictate the Order
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Court after dictating the Order: If you cooperate, we will not trouble you.
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Bench rises.
#KeralaHC #BrahmapuramFire