KOCHI: The Kerala High Court on Friday observed that the present state of affairs at the Brahmapuram dump yard was a product of contributory negligence. “None is an exception. It is only a matter of the percentage of contribution by one and all,” said the court, which formed a committee to visit and inspect the site.
Saying the facilities at Brahmapuram were thrown out of gear, the HC remarked: “Kochi, which should have been smart, has now become an unclean city. Our effort is to make Kochi a clean city now,” said a division bench headed by Justice S V Bhatti.
It asked the newly-formed committee to visit the dumpyard within 24 hours and also examine the functioning of the site.
The committee comprises chief engineer of local self-government department, director (solid waste management) of Suchitwa Mission, the Ernakulam district collector, joint chief environmental engineer (regional office) of the Kerala State Pollution Control Board, Kochi corporation secretary Babu Abdul Khader and the member-convenor of the District Legal Services Authority.
The HC also directed the government to explore viable, alternative long-lasting solutions for the handling, handover, transport and safe disposal of solid waste generated from the city.
HC asks corp to resume waste collection today
Expressing concern over the toxic smoke emanating from the dumpyard, the court asked the authorities to explore any other mechanism to prevent dispersion of smoke in unexpected directions and ensure that its impact is controlled using technology.
Observing that waste collection had halted, the HC asked Kochi corporation to resume it from Saturday. Observing that the state was grappling with pollution, the court asked, “Did the government at any point exercise its power under Section 5 of The Environment (Protection) Act? The only way the government can make people understand is by issuing directions under the Act.”
When the advocate general said 75 orders had been issued under Act and other rules, the court said, “If orders are not working, punishment is the only option.” It also said the orders were not issued under Section 5 of the Act.
The additional chief secretary, local administration, was directed to issue orders to local bodies and treatment facilities nearby Kochi corporation for one-time reception and disposal of solid waste generated within the civic body’s limits.
The court recalled that the Brahmapuram site had been a matter of consideration by National Green Tribunal (NGT), which had fined the corporation for lapses. “The corporation challenged this and obtained a stay in 2018. Between then and now, it cannot be said with confidence that measures NGT expected from the corporation were carried out,” the HC said, adding, “We are focusing on the site when it was exposed to a fire.”
It said such a situation required an audit of the environmental/infrastructure facilities provided at the site by the corporation to appreciate the primary and indirect damage to the environment, particularly, the neighbourhood, and whether the site conformed to the Solid Waste Management Rules, 2018 and details about its infrastructure and efficiency.