Unauthorized Waste Dumping: Kerala High Court Asks Municipal Corporations To Provide Complaint Number To Citizens

The Kerala High Court on Thursday asked the Municipal Corporations in the State to put a system in place where residents are provided with a contact number which can be used to alert authorities of unauthorised littering in their area, so that immediate action can be taken.

A Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji stated that the Chief Secretary must ensure that this target is achieved and in case of any default he would not be “morally eligible” to receive salary. The Court was hearing the suo moto proceedings initiated to monitor solid waste management in the State, in wake of the fire that broke out in Brahmapuram in March 2023.

The Additional Chief Secretary, Local Self Government Department, Sharadha Muraleedhar, informed the Court that an online facility for the public to upload details of illegal dumping in their locality has already been put in place, where the concerned authorities are alerted and waste is cleared. The Court was informed that over 1,000 reports have already been received from the public through this newly introduced system and that action is being taken.

Regarding the city of Kochi, the Court expressed its disappointment in the city’s inadequate waste collection process. The Court asked Babu Abdul Khader, the Secretary of the Cochin Municipal Corporation, how the situation can be remedied. The Court expressed concerns about the effect of the approaching monsoons on accumulation of biodegradable waste in households.

The Court suggested that a 3-level complaint system be put in place to address the issue of waste collection. “If at the first level it is not addressed in 24 hours, it is to be escalated. Please provide a mechanism on those lines”, the Court told the Corporation Secretary.

The Corporation Secretary informed the Court that an interim biodegradable waste treatment plant will be set up in Brahmapuram, until the permanent bio methanation plant is put in place by 2024. The Additional Chief Secretary submitted that the best agencies in the country have been contacted to handle the legacy waste at Brahmapuram and that there will be a confirmation within 2 weeks. The Court warned the authorities that the contract signed must make the agency responsible for civil and criminal consequences. “They cannot just come here, mishandle it and go away," the Court said.

The Court also suggested that awareness programmes must be conducted in schools to bring about behavioural change. “Make children part of it, they are more responsible than elders”, the Court said. The District Collector District Collector, NSK Umesh informed the Court that on the day of school reopening all schools in Ernakulam District took a pledge of “my waste, my responsibility”, as a first step towards this.

The Amicus Curiae in the matter Adv. Pooja Menon submitted before the Court that on the fringe of the forest area in Chinnakanal area in Munnar, garbage is being dumped in a pit where wildlife is entering and feeding on the plastic. She informed the Court that the matter requires immediate intervention. A video footage of elephants eating garbage from the pit was also shown in Court.

The Court directed the Additional Chief Secretary to take immediate action in the matter “a picture is worth a thousand words. The video presented shows serious violation by this particular panchayat. You may immediately take steps, call for a report. See to it that the solid waste is cleared.”

Case Title: Suo Motu V State of Kerala