Thread by @LiveLawIndia

The Kerala High Court will soon continue its 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 Friday (March 10, 2023), formed a High Level Committee to audit the facilities provided by the Cochin Corporation.
The report on the previous day's hearing can be found here:
livelaw.in/news-updates/b…

The matter has been taken up.
#KeralaHighCourt #BrahmapuramFire #Kochi

Counsel informs that the District Collector shall soon join online.
#KeralaHighCourt #BrahmapuramFire #Brahmapuramwasteplant

Counsel seeks permission to file a detailed report tomorrow.
#KeralaHighCourt #BrahmapuramFire #BrahmapuramwasteplantFire

Counsel informs the Court that as per the last order, the matter has been posted for the response of the Secretary today.
#KeralaHighCourt #BrahmapuramFire #BrahmapuramwasteplantFire

Court addresses the Secretary of the Cochin Corporation, Babu Abdul Khader. Court will now take up the case wherein the Corporation had challenged the order of the NGT.
#KeralaHighCourt #BrahmapuramFire #BrahmapuramwasteplantFire

Court: What was the case before the NGT, Mr. Shenoy?
Standing Counsel for Kochi Corporation Advocate Janardhana Shenoy briefs the Court on the same.
#KeralaHighCourt #BrahmapuramFire #BrahmapuramwasteplantFire

Court: Mr. Shenoy, we don't mind our time being wasted. First you must understand what has taken place....Merely because you are local bodies, it does not mean you have bigger voice in Court.
#KeralaHighCourt #BrahmapuramFire #BrahmapuramwasteplantFire

Court to Addl. Chief Secretary, Local Self Govt Department: Madam, you be a passive participant today. But you understand what is happening under your watchful eyes. When you file your affidavit tomorrow, we will come to you.
#KeralaHighCourt #BrahmapuramFire

Court now addresses the District Collector, NSK Umesh. The Collector informs the Court that more than 95% fire has been totally doused.
Informs that the fire forces are on the job.

#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Collector: Over the next few days, we wish to keep entire place in Court. Want to be in constant vigil.
Collector informs the Court that in pursuance of the orders of the Court, he had conducted discussions.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Collector: Air Quality Index has considerable improved. Till 98% fire has been doused. We have engaged teams to scour the area. We also have a short term plan of buying infrared/smoke sensors to ensure there is no further smouldering and to ensure there is no such mishap again.

Court: This is first limb of your effort. Self patting has to be kept aside now. Our objective is simple. Has it been irretrievable lost or not? Whether the place can be redeemed?
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court asks Collector when he inspected the area with the Committee.
Collector informs he did the same on March 11, 2023.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: What was the reaction? You have two responsibilities now - District Collector, Ernakulam. We have confidence in you.
Collector: As citizen of Ernakulam and as a govt officer, state of affairs must change and there can be improvement.
#KeralaHC #BrahmapuramFire

Court: This is in future words. We are asking about present situation. What was reaction? Illegal, abominable, pathetic?
Collector: All these words, Sir..
Court: Collector, you don't have to have niceties with anyone now.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court asks for copy of the report.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court is now perusing the report.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: How is this facility being operated and who is operating it?
Collector: It is a compost plan in a dilapidated condition actually. A new compost plan is under consideration of government now.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Is it directly under control of Cochin Corporation?
Collector: Yes
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Secretary informs Court that it has been contracted
Court asks Secretary, Cochin Corporation for the contract entered into by the Corporation regarding the facility, as well as the amounts set apart by the facility for the facility.
Court: It is worse than a dump site.

Court asks for photographs. Court says that it wants the Addl. Chief Secretary to see the photographs.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Name of place is Brahmapuram. Means we can also rewrite destiny of person whose indelible expressions we can't change. How powerful as humans we are.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Collector, you can participate in discussion I am inviting. There is hardly anything there. This evidence no one can now refute. On this we will also hear Joint Chief Environmental Engineer.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court now addresses the Engineer.
Court: You are statutory authority. You want to be clear, be clear. If you don't, I can get Central PCB officials and reduce your reputation to 0. What do you think is efficacy of this pant? Is anything done there?
#KeralaHC #BrahmapuramFire

Court: 75% each is unattended. Have you made any calculation on impact on neighbourhod? Joint Chief Environmental Engineer says no.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Why should you accept responsibility of protecting environment if you can't even understand the basics?
Court asks the Engineer if grading has been done. He responds in the negative.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Can you tell provisions of law in which you can proceed?
Engineer: We can initiate prosecution against Corporation
Court: Do you think collecting compensation would solve problem of citizens? We will not advice you
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Engineer: We are going for damage assessment
Court: We want a sentence which is meaningful. Which was the last inspection on the site?
Engineer: Last Saturday.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court shows a photograph and says it is violating all laws. Court asks him to place on record tomorrow as to what he plans to do
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court to Addl. Chief Secretary: Now you have seen photographs. It invites reticence to us, even I am forced to keep quiet. Now Cochin is rated as highly polluted cities in the Country.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Now Madam, we request you and District Collector alone to settle the consideration from us tomorrow onwards.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Please assist the Court in this. Please give fresh look to Disaster Management Act 2005, by keeping in back of your mind the present situation. I read it twice. Idea I may get is different from what you and District Collector may get as bureaucrats
#KeralaHC #Brahmapuram

Court asks Add. Chief Secretary for responsibilities assigned by Govt to District Collectors
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Tomorrow your affidavit is being filed. We don't want it to appear that we're laying down points on which Court finds solutions. It will reflect on abilities of so many people, we don't want that.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: This discretion is given to Addl Chief Secretary and District Collector. Next thing is, how to go forward under DMA 2005 in taking care of objectives set out in Solid Waste Management Rules, 2016.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Court is now reposing immense faith on Addl. Chief Secretary and District Collector. We don't want too many opinions from too many quarters.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: There should not be any delay or deviation from what has been agreed in public Court. From tomorrow onwards, whatever is happening in this Court, we want to inform the public.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: We don't want the public to think that even after the judiciary interfering, there is no change.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: We have suggested that PCB and you would work for finding effective alternative measures. Please take it up with utmost urgency
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Tomorrow you may tell us what should be frequency at which we should be taking up this case and monitoring it. We have fixed as June 5 as outer limit. I have no issue with foregoing my vacations for this, either.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Addl Chief Secretary, Sharadha Muraleedhar, says they will be ensuring monitoring, and that there has been a paralysis where Secretary has been helpless.
Muraleedhar: Wherever such a situation is there, we will intervene and assist.
#KeralaHC #BrahmapuramFire

Court asks Muraleedhar if order has been passed for treatment.
Muraleedhar: All centres don't have facility to collect mixed waste. Thus, we tried...

#KeralaHC #BrahmapuramFire #BrahmapuramWasteManagementFire

Addl Chief Secretary that then they tried lands of Cochin Port Trust.
Court: No one wants waste. It should be our responsibility to treat from source.
#KeralaHC #BrahmapuramFire #BrahmapuramWasteManagementFire

Addl. Chief Secy informs the arrangements made. Court: What do you think will be reasonable time within these problems can be handled? Ameliorations for the time being you please ignore for time being.
#KeralaHC #BrahmapuramFire #BrahmapuramWasteManagementFire

Court: Tell us by tomorrow, time limit
Addl. Chief Secretary: I will try, Sir.
#KeralaHC #BrahmapuramFire #BrahmapuramWasteManagementFire

Court: Please have my word. For present, it is my word alone. I have visited dumpyards and seen treatment facilities. The waste carried everyday there, what you have there isn't worth even that
#KeralaHC #BrahmapuramFire #BrahmapuramWasteManagementFire

Court to Secretary of Corporation, Babu: In a matter like this why is even the minimum facility of borewells not there?
Babu says files had been submitted but not passed by a Committee within the Corporation
Court: Which is the Committee? Get those files also tomorrow
#KeralaHC

Court: District Collector, can you say that the place is reasonably safe?
Collector: It is a part of huge disaster.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: We will conclude hearing here. Case is posted to tomorrow. Everyone understands the position is serious. No more narrative.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court dictates the first Order.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: Nothing is more important than Environment and pollution. Everyone would have seen a video shot by someone about three years back. What I will do is, I will send it to Special GP. He will send it to Addl. Chief Secretary and District Collector
#KeralaHC #BrahmapuramFire

Court: Why should Brahmapuram put up with garbage put up from Cochin? Upto 2km, no potable water is there. Let the other reports come
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: We will take assistance of these officers, and find every omission for the past 7 years. Tomorrow, we want report at 1.45PM. Next hearing after that will be on Friday.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

A counsel informs Court regarding death on account of this incident.
Court: We are agreeing with you on your one word. Mr. Unnikrishnan, please take name of person who died, hospital, residence, last visited area. etc. Please inform tomorrow.
#KeralaHC #BrahmapuramFire

Court: Now we will hear Mr. Shenoy. Now situation is, devil and deep sea. At least sea at what level I am diving, they will know depth. From tomorrow, compartmentalization, segregation, everything they will take care.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court: What people would have thought is, it is already going to Brahmapuram, let it go. Let us not exhume the past.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

Court proceeds to hear Standing Counsel of Cochin Corporation Adv. Shenoy. Court permits the Addl. Chief Secretary and District Collector to leave the meeting.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire

The writ petitions were filed challenging the NGT's directives.

Court dictates the Order.
#KeralaHC #Brahmapuram #NationalGreenTribunal

Court vacates the interim orders that had been issued.
Court: Since the Writ Petitions are tagged with connected case, we would like to continue to monitor and issue directions as are warranted on each of the occasions henceforth
#KeralaHC #BrahmapuramFire #NationalGreenTribunal

Bench rises.
#KeralaHC #BrahmapuramFire #BrahmapuramWastePlantFire