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2014 DIGILAW 514 (KER)

Kerala Federation of Women Lawyers, Represented by Its Secretary v. Corporation of Cochin, Rep. By Its Secretary

2014-07-03

A.M.SHAFFIQUE, MANJULA CHELLUR

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JUDGMENT : A.M. SHAFFIQUE, J. 1. This writ petition is filed in the form of a Public Interest Litigation by the Kerala Federation of Women Lawyers seeking to issue directions to the Corporation of Cochin to implement Ext.P1 notification. Ext.P1 is a notification which came into force with effect from 01/06/2008. Purpose of the notification is to manage solid waste. The petitioners also seek for a direction to the Corporation to restrain the respondents from dumping waste in public places. During the pendency of the writ petition, all the Municipalities were made parties to the above writ petition. 2. During the pendency of this writ petition, this Court had issued several directions in relation to setting up of waste treatment plants and other procedures that has to be adopted in the matter of dumping of waste in public places. 3. Several reports have been filed by the Government with reference to the measures that have been taken for setting up of solid waste processing plant. Specific reference is made to the implementation of the waste management plant at Brahmapuram, Cochin and other steps taken by the Government in that regard. It is inter alia indicated that the Government through Suchitwa Mission has taken all efforts to establish solid waste management plant at Brahmapuram, Cochin. In another report filed on 10/12/2013 it is further indicated that the Suchitwa Mission has completed the procedure for inviting tenders. But, on evaluation of the same, it is found that the tender has to be cancelled and subsequently by Government Order dated 29/07/2013, the Government constituted a committee and proceeded to invite tenders from short listed seven agencies. According to them, steps are being taken for completing the formalities in that regard by inviting such tenders. Another report is filed on 01/01/2014 inter alia indicating that KITCO, a Government agency has prepared and forwarded the technical and financial proposal to the Principal Secretary, Local Self- Government Department on 07/12/2013 and steps are being taken to implement the project by inviting competitive bidding process. Further it is stated that as a temporary measure, Government has accorded sanction for promoting source level treatment of biodegradable waste at households and institutions and the balance waste could be collected and treated in the existing Window Composing Plant at Brahmapuram. Further it is stated that as a temporary measure, Government has accorded sanction for promoting source level treatment of biodegradable waste at households and institutions and the balance waste could be collected and treated in the existing Window Composing Plant at Brahmapuram. It is stated that all possible help has been given by the Government to the Corporation to discharge their mandatory responsibility for proper treatment of Municipal Solid Waste generated in Kochi city. 4. It is not in dispute that the waste management within the Corporation/Municipal area is one of the mandatory requirement that has to be carried out by such local authorities. It is to enable proper waste management measures in Corporation area that Ext.P1 guidelines have been brought into force. It is for the Corporation, its Officers, employees, staff and other public men to ensure that waste management measures are fulfilled with the active participation of the residents of the Corporation area. According to the respondents, appropriate measures have already been taken in that regard. But, it has to be seen that waste management is a daily affair and unless the Corporation is keen to implement a proper programme to dispose of the solid waste as well as other waste generated in the Corporation area, the obligation cast on them under the Statute will remain unfulfilled. 5. During the hearing of this writ petition, this Court is appraised of various measures that were undertaken by the Government as well as the Corporation/Municipalities. But, still, if a proper system is not in force and is implemented on a day to day basis, the waste management measures will not be effective. Section 326 of the Kerala Municipality Act, 1994 reads as under: "326. But, still, if a proper system is not in force and is implemented on a day to day basis, the waste management measures will not be effective. Section 326 of the Kerala Municipality Act, 1994 reads as under: "326. Municipality to arrange for the removal of rubbish, solid wastes and filth.- (1) Every Municipality shall make adequate arrangements for;- (a) the regular sweeping and cleansing of the streets and removal of sweepings there from; (b) the daily removal of the filth and the carcasses of animals from private premises; (c) the removal of solid wastes; and (d) the daily removal of rubbish from dustbins and private premises, and with this object, it shall provide: (i) depots, receptacles and places for the deposit of filth, rubbish and the carcasses of animals; (ii) covered vehicles or vessels for the removal of filth; (iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish; and (iv) dustbins, receptacles and places for the temporary deposit of domestic waste, dust, ashes, refuse, rubbish, offensive matter, trade refuse, institutional refuse, carcasses of dead animals. (1a) It shall be the responsibility of the Secretary to discharge the duties of the Municipality specified in sub-section (1) and the Secretary shall by order entrust the said duties to the officers and staff having the charge of public health and sanitation, on the basis of streets, areas and the nature of work and get such duties duly discharged by them. (1b) Every Councillor shall observe keenly the activity of collection and removal of garbage and rubbish and other filth from the area of the ward he represents, and the failure or neglect in this matter shall be brought to the notice of the Secretary, and if it is so brought to the notice, the Secretary shall take necessary urgent remedial measures. (1c) Where the Secretary has failed to discharge the duty vested in him under subsection (1a) and consequently, arise environmental problems and pollution by the accumulation of any garbage and rubbish and filth in any public place the Council or the Government may take disciplinary action against the Secretary for dereliction of duty. (2) The Secretary shall make adequate provision for preventing the depots, place, receptacles, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance that may cause reasons for environmental problems, pollution and public health problems. (2) The Secretary shall make adequate provision for preventing the depots, place, receptacles, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance that may cause reasons for environmental problems, pollution and public health problems. (3) A Municipality may make arrangement on contract basis, in whole or in part for the collection and disposal of solid waste from public or private premises." 6. Further Sections 327 to 334 contains specific provisions enabling the Corporation to collect and dispose of any form of waste. Corporation is controlled by an elected body and their obligation is to provide a clean and tidy environment to the residents in the Corporation area. It is the obligation of the Corporation to implement the waste management measures by creating awareness among the public at large as well. Their obligation is statutory in nature and cannot be brushed aside by stating flimsy reasons. Waste management has to be taken as a programme by providing proper measures for collecting waste. Necessary awareness has to be created among the public at large and such measures are to be continued and implemented without any demur. We hope that local authorities involved in this litigation as well as other local authorities will take up waste management measures as a priority issue and work towards keeping a clean and tidy environment for the residents of the State. Having regard to the fact that appropriate steps have already been taken by the local authorities in this matter, we do not think that any further directions are required to be passed as waste management cannot be done within a specified time limit. It is a programme which has to be worked out with the active participation of the residents and the waste generating institutions. In the said circumstances, this writ petition is disposed of as under: Corporation of Cochin shall take appropriate measures to implement the waste management programmes by creating necessary awareness among the public and they shall implement Ext.P1 guidelines or such other measures to ensure proper waste management measures without any fail.