Brahmapuram Fire | District Collector Should Oversee Implementation Of Solid Waste Management Rules : Kerala High Court

The Kerala High Court on Wednesday observed that Environmental degradation is a "disaster" (within the meaning of the Disaster Management Act) and therefore, the implementation of the Solid Waste Management and Handling Rules, 2016 will be under the District Collector.

"Whatever is being done henceforth in implementing the Solid Waste Management and Handling Rules, 2016, shall be strictly under intimation of District Collector. And any insufficiency found in the same has to be brought to the notice of the court," the Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji said during the hearing on the suo motu proceedings initiated in light of the fire at Brahmapuram Solid Waste Management Plant. 

The Court had asked the authorities for a detailed plan of action for solid waste management, as well. 

The District Collector, Renu Raj had informed the Court that the fire at Brahmapuram was smouldering under piles, which required physical excavation. She said the District Administration has taken steps to contain the situation with the assistance of the Navy, Airforce and Disaster Management Authorities, and that other District Collectors had also been requested to send whatever machinery they had to do the physical excavation.

"Being District Collector, you should've been more assuring on your presence during crisis period. Someone sent me a message today about your yesterday's press release. You said you require 2 more days to control fire. We don't say you have let us down, but if your team is active as much as the Act expects from you, situation would not have gone till this," the Court said to the District Collector. 

The Court asked if she knew "how difficult it was to breath on Saturday" and whether any monitoring was done in this regard. Raj informed the court that there are four monitoring systems in Kochi, which the Court found to be inadequate for such a big city. 

The Collector also informed the Court about the advisories have been issued for the elderly and the sick people based on medical advice.

"The only omission we note if at all in her approach is that the efforts undertaken did not receive the required attention. After hearing the officer we notice that the responsibilities under the Disaster Management Act have been taken note of and action has been taken," the Court said in its order. 

The Court also orally noted, "We don't want District collector to stay away from this issue". It reminded that on Friday, the Court expected a comprehensive affidavit from the Collector. 

On being informed by the Advocate General that a new incumbent shall be taking charge from today, the Court directed that the new District Collector would also have to be present before the Court on Friday (March 10, 2023). 

Raj also assured the Court that she shall be briefing the new incumbent about the matter. 

N.SK. Umesh is the new Ernakulam District Collector who shall be taking charge today.

The matter has been posted for further consideration on March 10, 2023. 

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