Kerala High Court Directs Pollution Control Board, Cochin Corporation To Act Against Entities Polluting Thevara-Perandoor Canal

The Kerala High Court on Monday (June 23) issued detailed directions to the Kerala State Pollution Control Board (KSPCB) and the Cochin Municipal Corporation to issue notices to entities that are responsible for polluting Thevara-Perandoor canal in Kochi. The directions were passed in a suo moto proceedings initiated by the High Court in 2022.The KSPCB has been directed to issue notice of closure and the Municipal Corporation has been asked to issue notices for cancellation of occupancy certificates— of entities that do not have STPs and are functioning in violation of the conditions prescribed under Rule 19A(4) of the Kerala Municipality Building Rules, 2019.For context, Rule 19A(4) requires clearances and No Objection Certificates (NOCs) from the Authorities concerned under other relevant Acts or Rules. As per the circular issued by the KSPCB dated 22 April 2010, which includes apartment complexes above 2000 sq. metres, the installation of an STP is a condition contemplated under Rule 19A(4) of the Rules of 2019. Only after these clearances are obtained, an occupancy certificate is issued.In the previous interim orders passed by the Court, it has been made clear that if the conditions on which the occupancy certificate is granted are not fulfilled, the Municipal Corporation can revoke the certificate.Today, when the matter came up, the Court issued the following interim direction:“The performance of both the Municipal Corporation and the Pollution Control Board is entirely unsatisfactory...It is stated that no unit has actually been closed for violation till date...There is no explanation whatsoever for this failure. It's only after we had passed the orders that the Pollution Control Board seems to have taken up the issue. Complete lapse, which has gone unexplained for more than two years, suggests that the Pollution Control Board is under the impression that issuing repeated notices is the only action it can take. We direct the Pollution Control Board that wherever all ingredients of issuance of closure notice are present, the same shall be done immediately, within a period of 10 days from today."As regards the Municipal Corporation is concerned, the Court said, "Municipal Corporation is empowered to cancel occupancy certificate if pollution control norms, which are part of the planning permission, are violated. Despite this, what is placed before us is only a draft notice of cancellation of occupancy certificate. The learned counsel for the Municipal Corporation states that 84 entities have been identified for the purpose of taking action for cancellation of occupancy certificate. This action be taken within 10 days from today."Both the Pollution Control Board and the Municipal Corporation have been directed to place these notices by way of affidavits on the next date of hearing, July 03.BackgroundA suo motu public interest litigation was initiated by the High Court in December, 2022 on the basis of a news report, which stated that untreated liquid wastes from major flats and houses are being discharged into the Thevara-Perandoor Canal (TP Canal). In the writ petition, the Corporation of Cochin, the Kerala State Pollution Control Board (KSPCB), the Secretary of Local Self Government Institutions and the Secretary of Ministry of Housing and Urban Affairs were impleaded as respondents 1, 2 and additional respondents 3, 4 respectively.During the course of the proceedings, respondents 1 and 2 had submitted before the Court that the matter is pending before the National Green Tribunal (NGT) with respect to rejuvenation of Thevara-Perandoor Canal and Edappally Canal and periodical reports are being filed therein.Subsequently, the Corporation filed an affidavit stating that a list of polluting flats had been prepared as per the direction of the NGT, notices had been sent out and an expert committee was constituted to monitor the same. The Environmental Engineer of the KSPCB filed affidavit stating that action plans had been formulated for the rejuvenation and prevention of contamination of five canals in Ernakulam city, including Edappally Canal, Thevara-Perandoor Canal, Chilavanoor Canal, Thevara Canal and, Market Canal. Later, it was submitted that the Municipal Corporation has prepared a bye-law for septage waste management and to monitor the private tankers used for collection of septage waste. Moreover, there had been proposals to construct more STPs (Sewage Treatment Plants) for faecal sludge in the city. The 4th respondent was impleaded at that juncture to facilitate administrative sanction for the FSTP (Faecal Sludge Treatment Plants) project under the AMRUT scheme.In 2025, Adv. P. Ramakrishnan was appointed as Amicus Curiae to assist the Court. Moreover, there was a direction to officers in charge of the four zones, through which the 11.15 km long canal runs, to ensure strict compliance with the previous directions of the Court and to take measures to prevent the discharge of untreated liquid waste...

Kerala High Court Directs Pollution Control Board, Cochin Corporation To Act Against Entities Polluting Thevara-Perandoor Canal

K. Salma Jennath

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Kerala High Court Directs Pollution Control Board, Cochin Corporation To Act Against Entities Polluting Thevara-Perandoor Canal

K. Salma Jennath

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