Detailed Plan For Solid Waste Management Sought By Kerala HC In Brahmapura Fire

The Kerala High Court bench comprising Justices SV Bhatti and Basant Balaji heard the suo moto proceedings related to the fire that broke out in Brahmapuram waste dump. The high court observed that the District Collector should not be kept away from the issue and should oversee that the sold waste management rules are implemented.The court emphasized on the need for implementation of 2016 rules regarding solid waste management.

The division bench was hearing the matter of fire at Brahmapura Solid Waste Management Plant when it was said that if there is any insufficiency on part of the District Collector in overseeing the implementation of the sold waste management rules , then it should be brought to the notice of the court.

In the matter at hand, immediate, short term and long term measures for implementation of the solid waste management rules were put forth by the Additional Chief Secretary, Local Self Government Department , the District Collector  and others as per the order of the High Court.

It was submitted by the Advocate that the instructions received by the respondents have brought to notice that a high level conference by the CM was being convened on the day of hearing at 5 PM. It was observed that it is an obligation of part of the state government and others to take efficacious measures for addressing the problem which is taken up by this court as suo motu writ petition.

The court said that they are granting till the day after next day of the hearing to the Additional Chief Secretary to place on record all points which are finalised by the high level conference with definite time lines for performance by the local bodies.

The court further directed the Secretary to issue notices to all establishments in the scope of solid waste management rules and have not taken authorisations or have put in place the equipment required for handling the bulk of solid waste. The court also asked the secretary for proposal about the waste management and said that those proposals will be incorporated in consultation with the Additional Chief Secretary, District Collector and the Pollution Control Board.

The pollution Control Board submitted before the court that an inspection would reveal hazardous operations that are taking place on the site. It was also submitted that immediate measures need to be taken to implement the rules by the Cochin Municipal Corporation.

The court observed that the court is conscious of the penal provisions under all the three enactments but the current case has not been taken up for penalising the omissions and or commissions. The case, the court said, intends to improve the future and ensure implementation of 2016 rules regarding solid waste management.

In the light of aforementioned, the court directed the Deputy Chief Engineer, Kerela State Electricity Board, Ernakulum to provide a temporary connection to the facility operated by the Cochin Municipal Corporation within four hours from 4 PM from the date of the hearing itself.

Case: Suo Motu v. State of Kerela & Ors.