Brahmapuram Fire | 'Right to Clean Air Basic Human Right' : Kerala High Court Seeks Detailed Plan For Solid Waste Management

The Kerala High Court on Wednesday took note of the plan of action that had been formulated for immediate short term and long term measures for due implementation of the Solid Waste Management and Handing Rules, 2016, by the Additional Chief Secretary, Local Self Government Department; the Ernakulam District Collector; the Secretary of Cochin Municipal Corporation, and the Chairman of the State Pollution Control Board, in the wake of fire at Brahmapuram Solid Waste Management Plant.On being informed by the Advocate General regarding the High Level Conference convened by the Chief Minister at 5P.M. today, the Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji, observed:"Without having a categorical statement from these officer by looking at the formative proposals being taken forward, we do not want to incorporate the same in our order. As have been suggested by the AG, we give time till day after tomorrow to the Additional Chief Secretary to place on record on all the points which are finalized by the High Level conference with definite time lines for performance". The officers had also unanimously informed the Court today regarding the obligation on the part of the State government, local bodies, District Administration and the statutory corporation, ie, the State PCB to take efficacious measures for addressing the issue at hand. The Court went on to appreciate the predicament of the officers to go on record with affirmative undertakings in the matter, even without their view points having received final approval. The Secretary of the Municipal Corporation was also directed to place before the Court for its orders on the implementation of short, medium, and long term measures on Brahmapuram plant facility and also on improving the source collection, handling on collection, disposal of solid waste management within his jurisdiction. Importantly, the Secretary was directed to issue notices to all the establishments which come within the scope of Solid Waste Management Rule 2016, which had not taken authorization, and had also not put in place the equipment required for handling the bulk solid waste generated. The Secretary was asked to give such establishments the minimum time, and to place copies of the notices issued at the next date of hearing. On being informed by the Secretary that one of the reasons for not containing the fire was that the staff at the site could not immediately use water hydrants available at the site, and that a request for sanction for electricity connection which had been made by the Cochin Municipal Corporation was still pending, the Court directed the Deputy Chief Engineer, Kerala State Electricity Board, Ernakulam to provide a temporary connection to the facility operated by the Cochin Municipal Corporation before 8P.M. todayAt the very outset during the hearing today, the Court issued an order stating that in the present suo motu proceeding, public interest was the only priority of this court. “In the process, this court would be considering issuing directions to be carried out by the officers of the State and also by the persons entrusted with the functions and duties by the environmental laws, Environment Protection Act read with Rules and Solid Waste Management Rules 2016. The present Suo Motu initiative of the Court is not to be treated as publicity interest litigation or prosecution interest litigation initiated by HC,” the Court clarified. The Court added that it was the custodian and guardian of rights of citizens under Constitution and for protecting the rights assured to citizens under the Environment Protection Act, and other statutes. “Right to clean air, water, and pollution free environment are the basic human rights,” it added. The Court said that it sought to address the incidents which had occurred in the recent past that had put these rights of the citizens of the city of Ernakulam at stake, through the present suo motu proceedings. It thus proceeded to call upon all the non-stakeholders “not to take forward the efforts of this Court in the suo motu writ petition for any ancillary or incidental purposes”. The Court underscored that it wanted to focus on those issues which had imminent urgency and would not be entertaining any impleading petition for now. The Court further went on to note that just as charity begins from home, ‘change’ begins with it. “During the course of further hearing of this writ petition, this Court will consider issuing directives not only to the other departments, but also to the judiciary. This Court for the present thinks that it can also enlist voluntary participation of legal fraternity in solving a mammoth problem in State of Kerala. This we want to place on record the proceedings, the reason being even in future, even we will not be deviating from the minimum rules we will be laying down for consideration in the present suo motu case,” it laid down.During the hearing today, the Additional Chief...

Brahmapuram Fire | 'Right to Clean Air Basic Human Right' : Kerala High Court Seeks Detailed Plan For Solid Waste Management

Navya Benny

Tags