Brahmapuram Fire: National Green Tribunal Directs Kerala’s Additional Chief Secretary To File Action Taken Report On Ash Removal From Dump Yard

The Southern Zone of the National Green Tribunal (NGT) has directed the Additional Chief Secretary of the Local Self Government Department, Kerala to file a detailed report about the actions taken in response to the orders passed by the Tribunal for the removal of burned waste from the Brahmapuram dump yard.

The bench of Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati said that, “it is a matter of serious concern because once the monsoon sets in, in the State of Kerala, the heaps of fire affected waste in the Brahmapuram dump yard would get seeped into the ground as well as meet the drinking water which would be more hazardous than the fire itself.”

The Court was hearing a batch of applications and suo moto proceeding related to the removal of the burnt waste left after the Brahmapuram fire incident that took place in March.

The Tribunal's previous order dated April 17th directed the Kerala State Pollution Control Board to conduct a scientific study on the capping of legacy waste in compliance with the Supreme Court's judgment.

However, the Tribunal noted that, “till today, they have not filed any reply to the same.”

The Tribunal highlighted that the Refuse Derived Fuel (RDF) fraction from the fire-affected area has already been separated, and the estimated quantity is around 80,000 tonnes.

NGT observed that this RDF can be transported to the Waste-to-Energy Plant, which is set to be commissioned by the Local Self-Government Department. Alternatively, it can also be utilized as a co-fuel in cement industries.

Referring to the above the Tribunal said, “When these two alternative remedies are available and already the RDF fraction is separated, there seems to be no progress. We are at a loss to understand as to why the various limbs of the Government are keeping quiet without removing the same.”

NGT further observed that it cannot be understood why the burned waste, plastic, and ash lying on the site, or the segregated RDF fraction, have not even been attempted to be removed from the location.

In light of the above the NGT concluded that, “Since we are unable to get clarity with respect to the plan of action taken by the various authorities viz., Kochi Municipal Corporation, Kerala State Industrial Development Corporation (KSIDC), Local Self Government Department and also the Kerala State Pollution Control Board, we direct the Additional Chief Secretary - Local Self Government Department, State of Kerala to file a detailed report about the action taken pursuant to the orders passed by this Tribunal for removing the burned waste, plastic and ashes from the Brahmapuram dump yard and also the RDF fraction which is segregated and kept separately.”

It has also directed the Additional Chief Secretary of the Local Self Government Department, Kerala to appear before the Tribunal via video conference and clarify the plan of action and the time within which it can be completed, considering the risks involved in leaving the site unattended.

The matter will now be taken up on 08 May.

Case Title: Jith Kumar v.The State of Kerala and others

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