'Cochin City Highly Polluted' : Kerala High Court Seeks Details Of Payments To Brahmapuram Waste Plant Contractor

The Kerala High Court on Monday directed the Secretary of the Cochin Municipal Corporation to place before the Court the details regarding the passing over of the management of the Brahmapuram solid waste management plant facility to a third party. 

The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji issued the said direction on being informed  by the Secretary of the Cochin Municipal Corporation, Babu Abdul Khader that a contract had been entered into with a third party for the free handover of responsibility of the Brahmapuram waste plant. The Court thus sought details regarding the chronology of events leading to the third party agency taking over the management of the facility, as well as the manner and mode by which decisions regarding the facility are taken.

The Secretary, Khader, was further directed by the Court to place before it the payments made by the Corporation regarding collection, transportation, handing over, treatment, and other aspects regarding the facility for the past seven years to the contractors or staff.

The Court said that the details are necessary to ascertain if criminal prosecution is warranted.

The directions were issued by the Court in the suo motu proceedings initiated by it in the wake of the fire at the Brahmapuram Solid Waste Management plant in Kochi.

Cochin City Rated As Highly Polluted City In The Country: Court Asks District Collector & Additional Chief Secretary For Assistance

Emphasizing that the Court was 'reposing immense faith' upon the Additional Chief Secretary, Local Self-Government Department, Sharadha Muraleedhar, and the District Collector, NSK Umesh, the Court directed the two authorities to suggest by tomorrow the terms of consideration in the suo motu proceedings. 

Observing that the Cochin city has currently been rated as one of the highly polluted cities in the Country, the Division Bench requested the authorities to assist the Court in the said matter. 

"Please assist the Court in this. Please give fresh look to Disaster Management Act 2005, by keeping in back of your mind the present situation. I read it twice. The idea that I may get is different from what you and District Collector may get as bureaucrats," the Court said. 

The Court added that the two authorities would also have to consider on how to proceed under the Disaster Management Act 2005, while keeping in mind the objectives laid down in the Solid Waste Management Handling Rules, 2016 (Rules, 2016). 

The Court today perused the report of the High Level Committee that had been constituted by it vide its Order dated March 10, 2023, and expressed its dismay over the lamentable state of the facility, as had been clearly indicated by the report. 

The Court went on to ask the authorities as to inform the frequency by which the matter ought to be taken up and considered by the Court, by tomorrow. 

Around 95% Of Fire Doused At Brahmapuram: District Collector Tells Court 

The District Collector also informed the Court today that 90-95% of the the fire at different places had been put out. 

The Collector undertook that there had been a significant improvement in the Air Quality Index near the site, neighbourhood and in the city, pursuant to which the Court asked him to submit the report in that regard tomorrow. 

"Air Quality Index has considerable improved. Upto 98% fire has been doused. We have engaged teams to scour the area. We also have a short term plan of buying infrared/smoke sensors to ensure there is no further smouldering and to ensure there is no such mishap again," the Collector submitted. 

The Collector went on to inform the Court that sufficient care was being taken with respect to the continuing simmering of the fire, and that the same would be doused within an outer limit of 2 hours. 

Court Rebukes Joint Chief Environment Engineer

The Court today came down heavily upon the Joint Chief Environmental Engineer, Ernakulam. 

While reminding the authority that he was the statutory authority, and questioning him about the efficacy of the Brahmapuram Waste Plant, the Court reminded him that unless he was clear about his stance, it would appoint the Central Pollution Control Board (Central PCB) officials in his place. 

"Why should you accept responsibility of protecting environment if you can't even understand the basics?," the Court orally criticized. 

Upon the request by the Joint Chief Engineer to place on record the course of action he would be taking in the present situation, the Court granted him a day's time for placing the options that the State PCB would be taking for the violations stated in the report, as well as on the previous occasions by the Cochin Corporation. 

On being informed of the death of a person following the fire by a counsel, the Court today also orally called for the details regarding the name of the deceased, the hospital in which the death had been recorded, the residence of the deceased person, the last visited area of the deceased, and the ailments that the deceased suffered from. 

The matter has been posted for further consideration tomorrow. 

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

Click Here To Read/Download The Order