IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 38065 of 2007(F) PETITIONER(S): 1. ABU BACKER M,S/O.ABDUL REHMAN, AGED 39 YEARS,RESIDING AT KUZHINILAM,VIMALA NAGAR P.O,MANANTHAVADY,WAYANAD DISTRICT. 2. JOHN K.T,S/O.THOMAS,47 YEARS, RESIDING AT KANJIRAMKUZHI,KUZHINILAM, VIMALA NAGAR P.O,MANANTHAVADY,WAYANAD DISTRICT. 3. HUSSAIN V,S/O.MUHAMMED,AGED 25 YEARS, RESIDING AT VAZHAYIL VEEDU,KUZHINILAM, VIMALA NAGAR P.O,MANANTHAVADY,WAYANAD DISTRICT. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS,PUBLIC OFFICE BUILDINGS,OPPOSITE MUSEUM,THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR,WAYANAD. 4. THE DISTRICT MEDICAL OFFICER (HEALTH), WAYANAD DISTRICT,MANANTHAVADY,WAYANAD. 5. THE ASST. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, WAYANAD DISTRICT OFFICE, JASAM COMPLEX, PINANGODE ROAD, KALPETTA, WAYANAD – 673121. 6. THE MANANTHAVADY GRAMA PANCHAYAT, REP. BY ITS SPECIAL GRADE SECRETARY, MANANTHAVADY GRAMA PANCHAYAT, MANANTHAVADY, WAYANAD DIST. 7. THE SPECIAL GRADE SECRETARY, DO. DO. 8. THE SPECIAL GRADE SECRETARY, DO. DO. ADV. SRI.P.C.SASIDHARAN FOR R6,R7 GOVERNMENT PLEADER SMT. SUDHA DEVI ADV. SRI. M.K. CHANDRAMOHANDAS - R5 THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 17/07/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 38065 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th July, 2009. J U D G M E N T The petitioners are residents of the 6th respondent-Panchayat. In this writ petition, they are aggrieved by the action of the 6th respondent Panchayat in establishing a waste treatment plant in the property in Sy. No. 206/3 and 177/2-A of Mananthavady village. The reason for their objection to the plant is that the same is a thickly populated area and the residents depend on fresh water through a stream, wells, ponds etc, which will be polluted by leachete from the plant. They would also allege that the establishment of the plant is in violation of the Municipality Solid Waste (Management and Handling) Rules, 2000. They also rely on Ext. P5 sketch regarding the lie of the property to show that the establishment of the plant in this particular property is likely to cause serious pollution to the water streams and water bodies. The petitioners therefore seek the following reliefs: “(i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P 2 resolution and Ext. P3 and P4 orders and quash the same. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to put up the waste treatment plant at the property in Sy. No. 206/3 and 177/2-A of Ozhakkodi Desom, Mananthavady village.” 2. Counter affidavits have been filed by respondents 6 and 7 who are the Panchayat and its Secretary, as also the 3rd respondent, namely, the District Collector, who would submit that the decision to establish the plant in this particular property has been taken after much deliberation and after taking all necessary precautions to see that no pollution would emanate from the plant and that all legal formalities have been strictly complied with. Respondents 6 and 7 would contend that the issue regarding establishment of the plant was W.P.C. No. 38065/07 etc. -: 2 :- a vexing question and that the Panchayat's efforts in this regard have been obstructed by one person or other for quite some time. The matter gained the attention of this Court in a batch of writ petitions, namely, O.P.No. 30399/2002, W.P(C) Nos. 30482/2003, 26544/2003 and 19471/2005, in which a Division Bench of this Court by judgment dated 11-8-2005 considered all aspects of the matter and held that the Panchayat may proceed with the installation of waste disposal plant at the site suggested by the Pollution Control Board, and if better sites are located, it could be within its discretion to inform the Pollution Control Board for them to examine the suitability/feasibility of such places. According to them, imbibing the spirit of the said judgment, all possible efforts have been taken by the Panchayat to find a most suitable place, which would not cause any inconvenience to the inhabitants of the Panchayat. Consequently, applications were invited from persons desirous of selling property to the Panchayat for establishment of the plant. Several applications were received. A committee consisting of 10 persons, namely, the District Collector, Revenue Divisional Officer, District Medical Officer, District Forest Officer, Assistant Environmental Engineer of the Pollution Control Board, Tahsildar, Mananthawady, President, Mananthawady Block Panchayat, Secretary, Mananthawady Block Panchayat, President, Mananthawady Grama Panchayat and Secretary, Mananthawady Grama Panchayat was formed to scrutinize the sites offered to select a most suitable site. Pursuant thereto, these members individually filed reports and since what was contemplated was a joint report, the committee was directed to submit a joint report. Pursuant to the same, Ext. P1 report was forwarded by the Revenue Divisional Officer as per which three sites were recommended, out of which one site was selected and a proposal was put to the Pollution Control Board, who, by Ext. R6(b) dated 16-8- W.P.C. No. 38065/07 etc. -: 3 :- 2007, issued clearance in principle, subject to certain conditions. It is also submitted that the matter was referred to the District Medical Officer, who had given Ext. R6(a) clearance subject to stringent conditions stipulated therein. The Panchayat submits that the establishment of the plant would be strictly in accordance with the stringent conditions mentioned in Exts. R6(a) and R6(b). The standing counsel for the Panchayat also points out that in Ext. R6(b), it has been specifically stated that all the conditions stipulated in the Municipality Solid Waste Water (Management and Handling) Rules, 2000 shall be strictly complied with. The Panchayat further submits that the intention of the Panchayat is not simply to dump waste in the property, but to establish a most modern sophisticated scientific waste treatment plant by following all conditions imposed by the health authority. It is stated that nobody need have any apprehension of pollution from the waste treatment plant. Utmost care and caution would be taken to see that the establishment of the plant would be strictly in compliance with all legal provisions applicable for the same. In the counter affidavit of the 3rd respondent, he also supported the case of the Panchayat and he says that as per the proposal now put forward by the Panchayat, there is no likelihood of pollution to any water stream, ponds or wells in any manner. 3. I have considered the rival contentions in detail. 4. I note that the Panchayat had been taking all efforts to establish a waste treatment plant in the Panchayat. Waste disposal is their bounden duty as per the Kerala Panchayat Raj Act. The Panchayats generally do not comprise of a very large area. Naturally, the availability of land in Panchayat areas would be very limited, that too, areas suitable for establishment of a waste disposal plant, strictly complying with the stringent conditions imposed by various laws. Earlier, the Division Bench had considered all aspects W.P.C. No. 38065/07 etc. -: 4 :- of the matter. The Division Bench deputed a team of advocate commissioners to examine the pros and cons of establishing a waste disposal plant in various places. Ultimately, after considering the report of the Commissioner and considering all aspects of the matter, the Division Bench directed as follows in paragraph 30 of the judgment thus: 30. The Pollution Control Board has approached the issue with a practical sense, and we do not find any reason to interfere with Ext. P14 order. Police protection for waste disposal at Choottakadavu therefore is not admissible. The Panchayat may proceed with the installation of waste disposal plant at the site suggested by the Pollution Control Board, and if better sites are located, it could be within its discretion to inform the Pollution Control Board for them to examine the suitability/feasibility of such places.” Now, it is pursuant to that direction that the Panchayat had taken the trouble of ascertaining whether any better sites can be located. They went to the extent of inviting offers from various persons for land suitable for establishment of the plant. They formed a committee consisting of experts in the matter. That committee had submitted Ext. P1 report, in which one of the recommended sites is in Sy. Nos. 206/3 and 177/2A, which is the site in question in this writ petition. Thereafter, the matter was placed before the District Medical Officer (Health) as well as the Pollution Control Board. Both of them have given clearance subject to very stringent conditions mentioned therein. In Ext. R6(b) clearance issued by the Pollution Control Board, it has also been directed that all conditions stipulated in Municipal Waste Water (Management and Handling) Rules, 2000 shall be strictly complied with. I do not think that the petitioner, which is hard pressed for establishment of a solid waste treatment plant in the Panchayat can do anything more to safeguard the interest of the people of the locality. In Ext. R6(a) clearance from the W.P.C. No. 38065/07 etc. -: 5 :- District Medical Officer, it has been specifically directed that appropriate precautions shall be taken to see that nearby water bodies are not polluted from the waste water which may emanate from the plant. The 3rd respondent-District Collector has stated in his counter affidavit that fresh water streams, ponds and the wells will not be polluted in any way, if the waste processing plant is set up in accordance with the conditions stipulated by the Pollution Control Board. It is further stated that the leachete from the waste processing plant is not intended to be allowed to flow free, but the leachete is to be collected and treated to the prescribed standards and hence, the same will not pollute land or stream or well. It is further stated that since the site is utilised for waste processing plant and not for waste dumping or laying yard, the water source mentioned by the petitioner is not likely to be polluted by the plant. In any view of the matter, I am satisfied that the Panchayat has done everything correctly and they cannot be expected to do anything more to comply with the statutory provisions in the matter of establishment of a waste treatment plant. In the above circumstances, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/