Thread by @LiveLawIndia

The Kerala High Court is set to continue its hearing on the suo motu proceedings initiated in the wake of the fire at the Brahmapuram Solid Waste Management Plant.
#KeralaHighCourt #BrahmapuramFire

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

The Court had earlier, recorded the submission of District Collector, NSK Umesh and Secretary of the Cochin Municipal Corporation, Babu Abdul Khader, that 100% of the fire had been contained. The Court had appreciated the efforts of the frontline workers for the same.
#KeralaHC

The report of the previous hearing can be found here:
livelaw.in/news-updates/k…

The matter has been taken up by the Bench.
#KeralaHighCourt #BrahmapuramFire

The Chairman, National Energy and Waste Management Cooperative Society is appearing as party in person.
Bench: We have passed an order not to entertain impleading petitions.
#KeralaHighCourt #BrahmapuramFire

Bench: After listening to your credentials, we feel like having your inputs in the matter. We will use you for better management of solid waste management in the State. We will ask one of the lawyers we will appoint as amicus and we will ask him to get your inputs.
#KeralaHC

Bench: We will give you audience. We will tag those petitions. We want you to continue to give inputs so that we can improve the situation. We appreciate your spirit.
#KeralaHC #BrahmapuramFire

Court addresses Addl. Secretary, Sharadha Muraleedhar, Court asks her about the digital infrastructure.
#KeralaHC #BrahmapuramFire

Court: It should be a centralized dashboard for you. But regarding respective district administrations, it should be pushed into the dashboard of regional offices, PCB and...
#KeralaHC #BrahmapuramFire

Court: We will now hear District Collector on further steps he has taken.
#KeralaHC #BrahmapuramFire

Collector: You had asked me to prepare a citizens charter, and I have prepared a draft. Court: We have received it, it is more in nature of what is covered by Solid Waste Management Rules.
#KeralaHC #BrahmapuramFire

Court: We have appreciated that it comprehensively deals with aspects of the matter. It has been adapted and made for consideration to entire State. What is given by you has been helpful.
#KeralaHC #BrahmapuramFire

Court: The two suggestions given by Addl. Chief Secretary have been helpful. We will be passing order on it before vacation.
#KeralaHC #BrahmapuramFire

Court to Collector: One more aspect, under the Disaster Management Act, we see District and State Disaster Management is really an umbrella protection. Next hearing, we will be calling you to address us on Bio Medical Waste and Plastic Management Rules...
#KeralaHC #Brahmapuram

Court to Collector: ... and Hazardous Waste Handling and Disposal. You may also have a fresh look on powers, functions and duties on you. We can also expand it.
#KeralaHC #BrahmapuramFire

Court: There will be an ancillary petition. We don't want to mix up this litigation. Suo Motu that will be initiated and extended.
#KeralaHC #BrahmapuramFire

Court: Latest edition of books published by CPCB be made available to us by next date of hearing.
#KeralaHC #BrahmapuramFire

Court: We will minimize usage of paper also in this litigation, provided all of you cooperate.
#KeralaHC #BrahmapuramFire

Court is reading out the main aspects in its Order.
#KeralaHC #BrahmapuramFire

Court: Through our present order, we are directing Registrar General to communicate copies to all judicial officers in the State. Solid waste management rules shall be strictly followed.
#KeralaHC #BrahmapuramFire

Court to Muraleedhar: You will communicate the directive you are issuing to all local self governments.
#KeralaHC #BrahmapuramFire

Court: In Phase 3, we want to take up prosecution also. This is an order. If you don't implement these orders now, the purpose will be defeated.
#KeralaHC #BrahmapuramFire

Court now asks Chairman, PCB to read the directives that have been issued to the PCB in its order.
#KeralaHC #BrahmapuramFire

Justice Bhatti: I am asking the concerned person to read because I am still suffering from cough due to the fire.
#KeralaHC #BrahmapuramFire

Court, after the Chairman, PCB reads the directives: Periyar river is now becoming an outlet for sewage discharge and industrial effluents. We will also find out industries responsible for discharge of untreated effluents.
#KeralaHC #BrahmapuramFire

Court: First phase commences from today. It will continue till 31.03.2023.
#KeralaHC #BrahmapuramFire

Court now asks the Secretary, Cochin Corporation, Babu Abdul Khader, to read the directives.
#KeralaHC #BrahmapuramFire

The second phase is from 12.04.2023.
The Court says that no start or end date has been specified for the third phase since it was confident that the Court would not be pushed to initiate prosecution.
#KeralaHC #BrahmapuramFire

Court: We are not interested in prosecution, unless we are compelled to direct that.
#KeralaHC #BrahmapuramFire

Court: Next date of pleading will be 12th or 13th April. During vacation also, we will continue to monitor the progress based on achieving the targets.
#KeralaHC #BrahmapuramFire

Court has appointed three lawyers as amicus curiae in the matter.
#KeralaHC #BrahmapuramFire

Court: We are going to give them number of DLSA. We will have random checking of places. Live photographs. No paper generation at all. Addl Chief Secretary will get evidence on wrong information she may get from deputies, and she can take action accordingly
#KeralaHC #Brahmapuram

Court: As Bench, we will also train them so that we can continue to fight for the environment.
#KeralaHC #BrahmapuramFire

Court to Muraleedhar: Whatever is in report as 31.03.2023, we want action taken on that and further road map.
#KeralaHC #BrahmapuramFire

Court to Khader (addressing issue of contracts): If anyone sanctions unauthorized contracts to this contract, you don't be a signatory to that. No further amounts should be sanctioned till it is brought to attention of Court. They will do it on their own risk.
#KeralaHC

Court to Muraleedhar: On last hearing we had called you on viable options for waste management. What is your take on it, Madam? Is the government working on it?
#KeralaHC #BrahmapuramFire

Muraleedhar informs Court of the government's plans
#KeralaHC #BrahmapuramFire

Muraleedhar: We have a particular model which has been noted as successful by NITI Aayog. But we have also seen that it is not just quality of model but that of management also which matters. So now we are putting in place protocols.
#KeralaHC #BrahmapuramFire

Court: Let us convert the future tense into present tense. This policy making is your cup of tea. Out of deference, you may be accepting proposals of Court, but if it fails we will be loosing time. We want you to do a complete study after consulting the experts.
#KeralaHC

Court: Make sure tourists also follow the rules of Kerala.
#KeralaHC #BrahmapuramFire

Muraleedhar: With respect to littering, we are coming out with new rules.
#KeralaHC #BrahmapuramFire

Court: We are signing the interim directives. On 3rd we want the progress.
#KeralaHC #BrahmapuramFire

Muraleedhar: We thank the Court since we take this opportunity of intervention by Court to plug the loopholes.
Court adds that Tourism Department should also be taken on board for this.
#KeralaHC #BrahmapuramFire

Muraleedhar: We have identified twenty odd departments who are concerned in this matter wrt solid waste rules, which shall include Tourism Department also.
#KeralaHC #BrahmapuramFire

Court: If first two phases are failing, we will ensure presence of DGP of police.
#KeralaHC #BrahmapuramFire

Advocate General informs Court of the order of the NGT imposing fine of Rs. 100 crore on the Kochi Corporation for the fire.
Read report on the same here:

livelaw.in/top-stories/ke…

AG: The proceedings are running in parallel.
Court: If the state or the corporation have any grievance they can approach by way of an application.
#KeralaHC #BrahmapuramFire

Court: This case as much as possible no hard copies at all, it is completely online. We will save paper. We wish we will not be compelled to immediately order prosecution.
#KeralaHC #BrahmapuramFire

Court to Collector: You and your officers who go to Periyar for monitoring, will have eyes of an eagle.
#KeralaHC #BrahmapuramFire

Court: What about water bottle collection in Munnar?
Collector: Not Munnar, Kodaikanal. Such plastic bottle collection is done in Ernakulam also.
Court: As part of your powers under DMA, issue directions to keep small bins.
#KeralaHC #BrahmapuramFire

Court: I have one more idea. Scattered collection of solid waste is happening because of position of bins on grounds. At some places I have seen hanging collection bins. Why don't you experiment and give us some good idea Madam?
#KeralaHC #BrahmapuramFire

Muraleedhar: Munnar has this green check post with its own entry points. We will give this suggestion to them..
#KeralaHC #BrahmapuramFire

Court asks the party in person to give his cell number to the amicus and that the officers of the Court shall get in touch with him to get his inputs and suggestions.
Court: Every time you need not come to Court, we permit you to join online.
#KeralaHC #BrahmapuramFire

Adv Shenoy informs Court that the Secretary was personally attacked regarding the Brahmapuram issue.
Court: He will be given sufficient protection by this court.
#KeralaHC #BrahmapuramFire

Court: Mr. Babu, anytime you face difficulties, don't hesitate to inform us.
#KeralaHC #BrahmapuramFire

Court: Case stands adjourned to 03.04.2023 at 1.45PM.
#KeralaHC #BrahmapuramFire

Bench rises.
#KeralaHC #BrahmapuramFire