Brahmapuram Fire : Kerala High Court Forms High-Level Committee To Audit Facilities Provided By Cochin Corporation

In the wake of the fire at the Brahmapuram dumping yard at Cochin city, the Kerala High Court has constituted a high-level committee. The Committee has been asked to audit the environmental/ infrastructure facilities provided by the Cochin Municipal Corporation at the Brahmpauram site. 

Secondly, the Committee is to assess if the site conforms to the Solid Waste Management Rules, 2018. Also, it has to take note of the the infrastructure details at the site and their efficiency.

The Committee is to comprise of the Chief Engineer, Local Self Government Department; Director, Solid Waste Management Swachhatha Mission; the Ernakulam District Collector; the Joint Chief Environmental Engineer, Ernakulam, Kerala State Pollution Control Board, Babu Abdul Khader, Secretary, Cochin Municipal Corporation; and the Secretary of the District Legal Services Authority, Member convenor. It has been asked to visit the site within the next 24 hours and to file a report before the Court with necessary photographs on the next date of hearing.

A Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji  passed the order in the suo motu case initiated by the High Court on the Brahmapuram blaze, which has been choking the city residents over the past one week.

Court adversely comments on Cochin Corporation

The bench noted that the Brahmapuram issue had been engaging the attention of the National Green Tribunal, which had imposed a heavy fine on the Cochin corporation for its lapses in 2018. In November 2018, the High Court had stayed the NGT's order.

The bench wondered if the Corporation has carried out its duties after the passing of the stay order. "Between the date of passing of the order(stay order), till date, it cannot be stated with confidence that any of the measures expected from the Cochin Municipal Corporation by the National Green Tribunal have been carried out", the Court adversely commented.

Corporation directed to resume collection of waste from Ernakulam and Cochin cities

The Secretary of the Cochin Municipal Corporation, Babu Abdul Khader, was directed by the Court to resume the collection and operation of waste from the city from tomorrow onwards.

"The collection of solid waste has been stopped in the Cochin and Ernakulum cities. It is not in dispute that the continued containment of this waste at respective places is likely to result in yet another collateral, unanticipated problem in the cities," the Court observed.

Court urges State to invoke powers under Environment Protection Act

The Additional Chief Secretary, Sharadha Muraleedhar, informed the Court today that she had personally reviewed all the local governments in the State and had given them clear targets and timelines, along with 120 action points. The Court questioned Muraleedhar as to the performance of the institutions in compliance with the same. 

"What we are trying to inform the State is that we have spent enough time on deliberations. Time has come for us to act swiftly and act correctly in the position now," the Court orally observed. 

It went on to direct the Additional Chief Secretary to invoke the powers under Section 5 of the Environment Protection Act to issue necessary orders for disposal of solid waste generated within territorial limits of the City. 

"By issuing directions under Section 5 Environment Protection Act, the position becomes watertight compartment. So people cannot just say that it is only very casual in nature," the Court observed during the hearing.

The Court also directed Muraleedhar to file an additional Affidavit with the specific timelines on the decisions taken by the State government. 

The Court went on to express its hope that the Additional Chief Secretary would identify the proximate sites and the discharge point specified as a one-time measure.

The Court also noted that the Kerala State Electricity Board (KSEB) had duly complied with its order to supply power to the Brahmapuram plant. It proceeded to suo motu implead the Chairman and Managing Director, KSEB in the case in order to "avoid uncertainty or misunderstanding in the orders".

The Court also called upon the Additional Chief Secretary, Local Self Government Department, and the Secretary of the Cochin Municipal Corporation to explore viable and alternative long-lasting solutions for safe disposal of solid waste generated from Ernakulam and Cochin. 

"To this extent, it is unreasonable to expect a solution by the next date of the hearing. However, we trust and hope that alternative solutions are also suggested to us not later than ten days from today," it added. 

The matter has been posted for further consideration on March 13, 2023. The Court clarified that the purpose of the adjournment was to ascertain the state of the simmering fire, and discern as to whether it has been fully brought under control. 

"In the interregnum, any other mechanism that is available to prevent the dispersion of smoke in unexpected directions are explored and the impact from smoke to the extent possible by the use of technology is resorted to and controlled," the Court added. 

Case Title: Suo Motu v. State of Kerala & Ors.

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