'Lethargy Slowly Creeping In': Kerala High Court Criticises Delay In Removal Of Legacy Waste And Opening Of New Plant In Brahmapuram

The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P., which was specially constituted to monitor waste management in the State, orally remarked that the timelines have long expired. It was considering the suo motu petition initiated in the aftermath of the Brahmapuram fire.

“The Corporation has lost interest. There seems to be a lethargy slowly creeping in. Timelines have expired. We have appreciated the work last time but thereafter, we find that not much work has proceeded. Right now, we are concerned with the removal of the legacy waste and the commencement of that new plant. What we read is that you have transformed the place. If that be the case, the legacy waste should have been removed by now,” the Bench orally remarked yesterday.

At this point, the Special Secretary to the Local Self Government Department, Smt. Anupama T.V., who had appeared online, informed the Court 90% of the legacy waste has already been removed and the speed regarding waste removal reduced because the amount of waste was much more than what was anticipated. She also told the Bench that funds have been requested to carry out the rest of the work.

In 2023, the Court was informed by the then District Collector of Ernakulam that 7 lakh tons of legacy waste is lying in Brahmapuram.

Regarding the opening of the new plant, the Special Secretary submitted before the Court that Bharat Petroleum Corporation Limited has undertaken that it will happen mid-December and only some last minute work is pending. She told that the trial runs are happening and that there is no stoppage of work at the soon-to-be-opened plant.

Hearing this, the Court orally told that it would visit and ascertain the actual scenario soon:

"We will inspect Brahmapuram one of these days. Either after elections or before elections. After elections. We went once. We will see what the progress is. We can analyse what was before and what is now. Other than all these reports. That will be a first-hand information."

When asked about the treatment plants in other parts of the State, Smt. Anupama informed that active steps are taken to open plants in Kannur, Malappuram and Kollam districts whereas the Compressed Biogas (CBG) plant in Kozhikode can be proceeded upon only after removal of some legacy waste, which is planned to be completed by March.

On the occasion of the last hearing, the State had informed the Court about a facility that permits citizens to alert local authorities via WhatsApp, regarding waste being dumped in any area in the State. Thereupon, the Court had directed the authorities to take steps to inform the public about the facility.

During yesterday's hearing, the State drew the Court's attention to a circular whereby the Principal Director (LSGD), Executive Director of Suchitwa Mission, and Executive Director, IKM (Information Kerala Mission) shall take necessary steps to communicate and give wide publicity to the WhatsApp facility.

The Bench then told that the Registrar General of the Court had tried to communicate to the WhatsApp number but there had been no response whatsoever.

"Once the complaint is coming from somebody, it will take some time to redirect it to the Panchayat and the Panchayat will take action and update on the portal and then only they will reply. Acceptance happens when they go to the field and verify that the complaint is true. Because we are getting some mischiefs also reported on the WhatsApp number," the Special Secretary replied, adding that acceptance rate is 66.76% with around 4,000 complaints being rejected out of the 14,000 received.

"We will find out about this. Let us see what is happening on the ground," Justice Gopinath orally remarked hearing the explanation.

Smt. Anupama further informed that more than 9,000 complaints have been closed and that the disposal percentage is 95.75%. 25% of the 77 lakhs rupees collected as fines for violations is given as reward to informers.

During the course of the hearing, the Bench once again underscored the issue of waste management in the Railways. It asked the State whether it can look into the amount of waste generated and conduct a study into how the waste collected is being managed. It orally asked:

"Is there any way for the state government machineries to study the waste generated by the Railways, the quantity of waste generated? How it is being dealt with and all these things? Because Railways seems to be coming to Court and saying we are doing everything, we entrusting contractors. Where they are taking this, where they are dumping this. We need to have an assessment of the exact amount of the waste that is being generated so that facilities can also be in place."

At this time, the counsel for the Railways told the Court that an affidavit shall be filed outlining the steps taken to ensure that the wastes are not dumped unscientifically.

The case is posted on December 18 for further consideration.

Case No: WP(C) 7844/2023

Case Title: Suo Motu v. State of Kerala