High Court Directs Kochi Corporation To Act Against Citizens, Commercial Establishments Dumping Plastic/ Garbage In Stormwater Drains

The Kerala High Court on Friday expressed strong displeasure at the practice of citizens dumping waste and garbage in stormwater drains which contributes to the issue of flooding in Kochi city. It therefore directed the District Collector and Cochin Corporation to act against the disconcerting state of affairs. 

Single bench of Justice Devan Ramachandran cautioned all commercial establishments and citizens that any such acts would be treated as an "affront" to the directions of the Court and will be proceeded against under every statute, civil or criminal. It observed, 

"One fails to understand how the citizens dump every type of garbage, including plastic into the stormwater drains, and going by the available reports, this is even being done by commercial establishments and hotels. Unless the fear of law is thrust into all of them by the authorities by taking the most stringent action, it can never be controlled, and it will be a continuing saga".

It thus directed the Corporation to notify and initiate action against every such perpetrator, and complete the same within time frames. It further asked the authority to ensure that the said directions are given adequate publicity so as to reach every citizen of the city in the most effective manner.

The Court also took note of reports filed by the authority indicating that notices had been issued and many erring restaurants had been closed in this light. While the Court appreciated the efforts, it quickly added that the same must also culminate in consequences to the people who were under the belief that they 'could act with impunity'.

"The support of this Court for this purpose is certainly without reservation, and the District Collector in her capacity as the Chairperson of the District Disaster Management Authority, must ensure that this is done", it observed.

The development comes in light of submissions made by Amici Curiae who pointed that upon desilting of the drain on the M.G. Road it was found that drains were full of plastics, old slabs, construction materials including sand bags, and so on, due to which waterflow had thus been virtually fully impeded.

"This is precisely why this Court constituted a Committee so that every stakeholder can be brought on the same page", the Court quipped.

It reminded that the District Collector had a very important role to play in this scenario than don the role of an arbiter; they ought to take every step necessary to save the city from flooding, without having to seek permission from the Court at every stage. "The powers vested with the authority under the Disaster Management Act cannot be lost sight of, and I direct the said authority to invoke an use it to the strictest warrant of law, as may be necessary...Every power to him/her shall be put to good effect, and all officers/stakeholders are dealt with, as is required under law, if legal directions are not complied within the time frames," Court said.

The Court further noted that there was an added issue as to whether the drains would be required to be reconstructed in M.G. Road. This in turn would require an assessment as to whether the responsibility falls with the Cochin Corporation or the Public Works Department (PWD). Senior Government Pleader S. Kannan was therefore directed to obtain specific instructions in this regard, since it was discerned that an order from the Court to reconstruct the drains may soon be inevitable.

So far as the Committee appointed by the Court to resolve the issue of flooding in the city is concerned, the Court said it expects the Committee to act proactively and rise to the occasion as and when necessary.

As regards the restoration of the Mullassery Canal, the Superintendent Engineer in charge informed the Court today that the estimate of the work could not be redone and that what had been shown at present was only the minimum. 

The Court in this regard observed that it would have to issue directions even to the Government so as to ensure that the work commenced quickly. It was added that in the meanwhile, since a certain person namely, P.M. Varghese had informed that he was willing to do the work at a much competitive rate, the Court directed him to place his credentials before the Chief Engineer of the Kerala Water Authority (KWA), on 15th November 2022. The Court directed the said authority to evaluate the same, and file a report in this regard before the Court indicating their satisfaction or otherwise by the next posting date. 

As regards water canals in the City, the Kochi Metro Rail Limited had filed a report before the Court stating that they were yet to take over the matter, and they were awaiting certain preliminary steps. Thus, the Court directed that the earlier orders to keep such canals clean and to ensure that no dumping was caused, would continue to operate in this regard. 

Case Title: Treasa K.J. v. State of Kerala and Other Connected Cases