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 report on the previous hearing on March 21, 2023, can be found here:

livelaw.in/news-updates/k…

Counsel informs that a detailed affidavit by Addl. Chief Secretary has been filed, but that it hasn't come up before the Bench yet due to a technical error regarding paragraph numbering.
#KeralaHighCourt #BrahmapuramFire

Court now asks about the samples collected from Periyar river.
#KeralaHighCourt #BrahmapuramFire

Court peruses the Affidavit filed by the District Collector, NSK Umesh.
#KeralaHighCourt #BrahmapuramFire

Court to District Collector: You are placing before us the order of Principal Bench, NGT. What is its purpose?
Umesh: In my affidavit its not there.
Court: Oh. It has been religiously tagged with your affidavit though. Providentially it has come here
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Court asks Spl. GP Unnikrishnan for the hard copy of the Affidavit filed by the Addl. Chief Secretary, Sharadha Muraleedhar.
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Court: Give us five minutes to go through the Affidavit.
Court is now perusing the Affidavit.
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Court to Muraleedhar: Madam, one of the important aspects which you said you'd come back to is establishing an alternative effective treatment facility at all major cities in State. Is anything stated in the present Affidavit?
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Muraleedhar: Yes, you had given us time till 10th. Report is ready. We are having final consultation on 5th. We will submit it to you then. I have mentioned it in the Affidavit, I think.
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Court: We have no problem in accepting your Affidavit. But we would like to have it verified through the Legal services and para legal associates.
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Court: If it is not there, the local self governments and municipalities will have to answer the Court.
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Court: This time, it will be physical verification.
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Muraleedhar: We have created a digital portal in which we are tracking all activities mentioned.
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Court: From Pages 4-9, what do you think is realistic next date of hearing by which time Amicus Curiae could verify? Wednesday or Monday?
Muraleedhar: Any date is fine, Sir.
#KeralaHighCourt #BrahmapuramFire

Court: Amicus will follow what Court is expecting them to do. In the 5th column in the Affidavit, they will add about places they get information from ward and district wise.
#KeralaHighCourt #BrahmapuramFire

Court: They will make choice of place they will go and find out what has been informed to your deputies is correct or not. If wrong, we will not shift responsibility on you, but whoever is responsible will have to answer.
#KeralaHighCourt #BrahmapuramFire

Court: Now segregation at source, what is the situation, Madam?
Muraleedhar: It is not complete. With respect to litter and dump sites on roads, we have identification of garbage that is vulnerable which is ongoing.
#KeralaHighCourt #BrahmapuramFire

Muraleedhar: Wrt bio waste management at households is ongoing. We couldn't mobilize enough people and volunteers due to ongoing examinations. We are now devising a campaign. We have also created a technical support consortium.
#KeralaHighCourt #BrahmapuramFire

Muraleedhar: We will be seeing who does not have facility at all, and who has imperfect facilities. We shall give technical advise. Information brochures are prepared for this.
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Court: We understand the exercise you are proposing to undertake can be effectively supervised by District Collector. Collectors have a bigger role to play.
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Court: You may tell your Collectors, whichever districts achieve 75% of target, they wouldn't have to personally participate, the next in command can come and report to court. Who doesn't achieve that, they will have to personally report in Court. This is the modus operandi.

Court: As against 14, only 4 Districts are active. Rest are just take off. This, we will finalize only on June 5, 2023; ie, who are District Collectors directly reporting and who can report through Deputies.
#KeralaHighCourt #BrahmapuramFire

Court: This report, we have to go through. When do you think we should call the case again? Today we didn't have the advantage of going through your reports.
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Court: Can we call it on April 10, 2023 (Monday)?
Court is now discussing the next date for hearing of the case.
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Muraleedhar: Portal and information is quite complex. We could give an orientation to the Amicus.
Court: Yes, Madam. We agree.
#KeralaHighCourt #BrahmapuramFire

Court directs Chairman, PCB, to direct the Regional officers to give the status reports.
Court is now asking about the water quality of Periyar.
#KeralaHighCourt #BrahmapuramFire

Court to Secretary of Cochin Corporation: Even last Sunday there was a fire incident. As per our information, it took 1 hr 40 mints. Looks like the legacy waste is resulting in such fires. What are the steps taken to prevent such mishaps?
#KeralaHighCourt #BrahmapuramFire

Secretary of Kochi Corporation, Babu Abdul Khader, responds that a Committee had been constituted. He informs the Court of the mechanisms in place.
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Court: See Babu, we want by next date of hearing, the perfect plan you have put in place wrt your Corporation. If not, we will be compelled to prosecute you under Hazardous Waste rules also.
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Court: Please do not tell us that Committee after Committee is being constituted. By next date of hearing Babu, you should submit your proper plan.
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Court asks Muraleedhar to see report filed by PCB.
Adv. Naveen T. Standing Counsel for Kerala State PCB briefs Court about it.
#KeralaHighCourt #BrahmapuramFire

Court to Muraleedhar: The kind of work they (PCB) have to execute, if they don't have sufficient hands, they may not be able to achieve their objectives. As Court, we don't want to cross the Lakshman Rekha and interfere in policy matters; it is for you to sort out.
#KeralaHC

Chairman, PCB informs Court that by June, vacancies for Junior Scientific Assistants and Engineers may be filled.
#KeralaHighCourt #BrahmapuramFire

Court: In the meantime, if you feel dearth of hands, you may address Addl. Chief Secretary and trained hands from other Departments would be lent.
Chairman: We have done that, the Addl. Chief Secretary (Environment) has agreed and government is considering it.
#KeralaHighCourt

Court: What we propose for the present hearing is that we have received all your reports. We will be making over these reports to Amicus Curiae. We will be calling this case again on 11.03.2023.
#KeralaHighCourt #BrahmapuramFire

Court to Muraleedhar: What about bulk waste establishments? Are they properly handling sewage waste?
#KeralaHighCourt #BrahmapuramFire

Muraleedhar: Wrt bulk waste generators, we have incorporated it in our time frame. We will be issuing notices and they have been given time till June end to ensure complete compliance for tie up with agencies regarding non-bio waste operation...
#KeralaHighCourt #BrahmapuramFire

Muraleedhar: ...and establishing facilities for bio waste. We are also tracking illegal drain of waste by them.
Court: Heat is being felt.
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Court dictates Order.
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Court, through its Order, directed the Amicus Curiae to inform the Court as to the compliance and number of defaults. It has also directed the Secretary to place the record relating to and leading to the issuance of contract to the third party operator of the facility.
#KeralaHC

Court adds that the said records shall be verified by one of the Amicus Curiae, and that a short summary ought to be placed before the Court. The Court directed Khader to scan each one of the pages and give the same for the said purpose.
#KeralaHC #BrahmapuramFire

Court: Why don't you give it in a pen drive? Instead of hard copy. Court: He can give it to Amicus Curiae for Ekm and Thrissur. Amicus shall place the summary by the next date of hearing.
#KeralaHighCourt #BrahmapuramFire

Court: By what date can you give it, Babu?
Khader: I can give it by today evening. It is ready.
Khader informs that Vigilance Enquiry is also being conducted.
#KeralaHighCourt #BrahmapuramFire

Court to Muraleedhar: Vigilance Enquiry with my experience takes decades.
Muraleedhar: Court may ask Vigilance to give it...
Court asks Babu if he has all the copies of records handed over to Vigilance. Babu replies affirmatively.
#KeralaHighCourt #BrahmapuramFire

Court addresses an intervenor, CL Anto.
Court: I have gone through each line given by you. A few suggestions given by you are very good, we will consider. But please avoid unnecessary criticisms. One of the Amicus Curiae will be in touch with you regarding your suggestions.

Court asks Muraleedhar to take a look at the Report filed by the Corporation Secretary and to give her response by the next date of hearing.
#KeralaHighCourt #BrahmapuramFire

Court: Next hearing is on 11th. What is the convenient timing?
Court discusses the same and decides at 1.45 PM on April 11, 2023.

Court: Now PCB will be issuing notices.
#KeralaHighCourt #BrahmapuramFire

Counsel: Regarding IA 8 seeking stay of NGT Order.
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Court: We won't do that since otherwise, the Corporation will become complacent. We will only extend time granted by NGT for depositing 100 Crores.
#KeralaHighCourt #BrahmapuramFire

Court: Subject to the satisfactory and continued progress you show, we will extend the time tactically. Prosecution to what extend we have to observe, we will do that. Let it come on 11th.

Hearing ends. Bench rises.

#KeralaHighCourt #BrahmapuramFire