KOCHI: The Principal Bench of the National Green Tribunal has imposed an environmental compensation of Rs 100 crore on Kochi corporation for its failure in waste management resulting in a major fire at the Brahmapuram waste dump yard.
The order came after observing the State of Kerala and its authorities being an 'utter failure' and rampantly violating the statutory solid waste management rules and orders of the Supreme Court.
The Bench headed by Justice Adarsh Kumar Goel issued the order on the suo motu proceedings based on the media report of a serious environmental emergency caused due to fire at the Brahmapuram waste dump site as a result of the utter failure of the state authorities in performing their inalienable basic duties of providing pollution-free environment.
It directed to deposit the amount with the Chief Secretary, Kerala within one month for necessary remediation measures, including dealing with the public health issues of the victims.
"It is self-evident that good governance in the matter of waste management is being neglected for a long time to the detriment of the environment and public health and no one has taken moral responsibility for the such gross failure of rule of law and damage to public health. It is difficult to understand what is the value of citizens’ right to life and safety with such an attitude of total neglect by authorities in Government. This calls for soul searching and also high-level enquiry to determine culpability in the larger public interest," said the Bench.
The Bench also flayed the government for not fixing responsibility for flaws.
"No accountability for such serious failure has been fixed and no senior person has been held accountable so far. Except for giving future plans, no fixing of accountability is proposed even now which is a matter of regret. No prosecution has been launched against the guilty for criminal offences under the Environment (Protection) Act, 1986 and also under relevant provisions of IPC nor action taken for violation of the Supreme Court orders," said the Bench.
The attitude of State authorities is a threat to rule of law. The Bench expressed hope that the situation is remedied at the higher level in the State such as the DGP and the Chief Secretary to uphold the Constitution and the mandate of environmental law.
It directed the Chief Secretary, Kerala to fix the accountability of concerned officers for such gross failures and initiate action under criminal law as well as by way of departmental proceedings, following due process and placing the same in the public domain within two months.