IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 29648 of 2009(S) -------------------------- PETITIONERS: --------------- 1. CHELLAPPAN, S/O.KOCHUKITTAN, AGED 56, KANDISSERY PADEETTATHIL, PULLIKANAKKU P.O., KAYAMKULAM. 2. HARIDASAN, S/O.NANU, AGED 47, THURUTHIKKIZHAKKETHU, CHERAVALLI, KAYAMKULAM. BY ADV. SRI.K.R.SUNIL RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. THE KERALA STATE POLLUTION CONTROL BROAD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, KOTTAYAM. 4. THE SECRETARY HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. THE DISTRICT COLLECTOR, ALAPPUZHA DIST. 6. THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL) ALAPPUZHA. 7. THE SECRETARY, KAYAMKULAM MUNICIPALITY, KAYAMKULAM. 8. K.SIRAJUDEEN, S/O.KASIPILLAI, AGED 49, TAJ MANZIL, KEERIKKADU VILLAGE, KANNAMPILLY BHAGHOM MURI, VALAYIL VADAKKATHIL, KAYAMKULAM. 9. SAMEER, S/O.ABDUL MAJEED, AGED 28, CHALIL THARAYIL, KUNNAMPILLY BHAGHOM MURI, KEERIKKAD VILLAGE, KAYAMKULAM. ADDITIONAL RESPONENT: 10. UNION OF INDIA, REP. BY ITS SECRETARY, URBAN INFRASTRUCTURE DEVELOPMENT FOR SMALL AND MEDIUM TOWNS, NEW DELHI. (ADDL. RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DT.18.12.2009 IN W.P.(C)). R1&2 & 4 TO 6 BY SR.G.P. SMT.K.MEERA R3 BY ADV. SRI.M.K.CHANDRAMOHANDAS ADV. SRI.C.S.MANILAL FOR ADDL.10 SRI.RAYA SHENOI,SC,KAYAMKULAM MUNICIPAL FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1:THE TRUE COPY OF NOTICE ISSUED BY R6 DT.31.7.2009 TO R8. P2: TRUE COPY OF NOTICE ISSUED BY R6 DT.31.7.2009 TO R9. P3: TRUE COPY OF OBJECTION SUBMITTED BY ACTION COUNCIL TO R7 DT.11.4.2009. P3(A): COPY OF TRANSLATION OF EXT.P3. P4: TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE CHIEF MINISTER OF KERALA DT.6.10.2009. P4(A): COPY OF ENGLISH TRANSLATION OF EXT.P4. P5: TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONERS BEFORE THE HON'BLE HEALTH MINISTER, KERALA DT.6.10.2009. P5(A): COPY OF ENGLISH TRANSLATION OF EXT.P5. P6: TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE HON'BLE MINISTER FOR LOCAL ADMINISTRATION DT.6.10.2009. P6(A): COPY OF ENGLISH TRANSLATION OF EXT.P6. P7: TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA. P7(A): COPY OF ENGLISH TRANSLATION OF EXT.P7. P8: TRUE COPY OF OBJECTION FILED BY R8 BEFORE R6. P8(A): COPY OF ENGLISH TRANSLATION OF EXT.P8. P9: TRUE COPY OF OBJECTION FILED BY R9 BEFORE R6. P9(A): COPY OF ENGLISH TRANSLATION OF EXT.P9. P10: TRUE COPY OF INTERIM ORDERS PASSED BY THIS HON'BLE COURT DT.12.3.2008 IN WPC NO.6663/2008. RESPONDENT'S EXHIBITS: R7(a): TRUE XEROX COPY OF NOTIFICATION DT.1.1.2007 PUBLISHED IN VOL. NO.52 OF THE KERALA GAZETTE NO.26 DT.6.1.2007. R7(b): TRUE XEROX COPY OF DECLARATION DT.25.2.2008 PUBLISHED IN VOL. NO.53 OF KERALA GAZETTE NO.407 DT.26.2.2008. R7(c): TRUE XEROX COPY OF CERTIFICATE OF THE KERALA LOCAL SELF GOVERNMENT(D) DEPARTMENT DT.24.6.2006. R7(d): TRUE PHOTOGRAPH OF EXISTING DUMPING YARD OF THE KAYAMKULAM MUNICIPALITY. R7(e): TRUE PHOTOGRAPH OF LAND INVOLVED IN THE PRESENT ACQUISITION PROCEEDINGS. R7(f): TRUE PHOTOGRAPH OF SMALL STRUCTURE RECENTLY CONSTRUCTED UNAUTHORISEDLY AND WITHOUT THE PERMISSION OF THE KAYAMKULAM MUNICIPALITY NEARBY THE LANDS ACQUIRED. R7(g): TRUE XEROX COPY OF COVER PAGE AND PAGES 53 TO 64 INCLUSIVE OF THE TOWN DEVELOPMENT PLAN(TDP) OF THE KAYAMKULAM MUNICIPAL TOWN SUBMITTED TO THE CENTRAL GOVERNMENT. R7(h): TRUE XEROX COPY OF LETTER DT.8.10.2009 SENT BY THE CHIEF TOWN PLANNER TO THE PRINCIPAL SECRETARY TO THE LOCAL SELF GOVERNMENT WITH ENDORSEMENT TO THE 7TH RESPONDENT. R7(i): TRUE XEROX COPY OF LETTER DT.12.5.2006 SENT BY THE DIRECTOR OF THE CLEAN KERALA UNDER LSGD OF THE KERALA GOVERNMENT TO R7. TRUE COPY PA TO JUDGE P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.29648 of 2009 .................................................................... Dated this the 19th day of February, 2010. JUDGMENT Ramachandran Nair, J. The petitioners have filed this W.P. challenging the decision of the Kayamkulam Municipality to acquire more land to set up solid waste management treatment plant in the Municipality. We have heard counsel for the petitioners, Standing Counsel appearing for the Municipality, Standing Counsel appearing for the Kerala State Pollution Control Board and also counsel appearing for the additional respondents who are supporting the petitioners. 2. The factual position as narrated by the counsel for the Municipality is as follows. Initially the Municipality acquired one and odd hectares of land in a relatively barren area for setting up of the solid waste dumping and treatment plant. However, after construction of the roads it was noticed that the land left is only 89 cents which is thoroughly inadequate for dumping and treatment of solid waste of the Municipality which is roughly estimated at the current levels at 8-10 W.P.(C) 29648/2009 2 tonnes per day. Since the land already taken over was inadequate, from 2006 onwards the Municipality started acquiring adjoining lands which are also almost barren and as of now they have acquired a further extent of 4 acres of land for setting up of the plant. According to Standing Counsel for the Municipality, the Kayamkulam Municipality is one of the few identified by the concerned Ministry of Central Government for granting financial aid and other benefits for setting up of waste treatment and waste management unit. The State Government is also stated to be involved in the project. The complaint of the petitioners and the additional respondents impleaded is that they are residing nearby the land acquired by Municipality for setting up of the solid waste treatment plant and they suffered on account of the dumping and retention of solid waste by the Municipality. Counsel for the Pollution Control Board submitted that Pollution Control Board has not received any complaint so far from local residents against any pollution whatsoever and as and when a complaint is received, appropriate measures will be suggested and Municipality will have to take steps to prevent pollution whatsoever to the neighbouring W.P.(C) 29648/2009 3 residents. It is common knowledge that if solid waste is dumped without treatment, the same will cause seepage during monsoon and will cause atmospheric pollution because biodegradable waste will produce objectionable gas and other pollutants and the local residents will be the natural victims. We, therefore, direct the Municipality to immediately take steps and as the first measure, to construct compound wall atleast over so much of the area where waste is dumped, at the earliest and to ensure that no seepage takes place. Further, irrespective of whether there is financial aid from the Central Government or State Government, the Municipality should give top priority for setting up of the plant for separation and treatment of biodegradable waste at the earliest. The Municipality will naturally get consent from the Pollution Control Board and the Pollution Control Board will monitor the operations of the treatment plant and will ensure that pollution is not caused. If there is pollution, the Pollution Control Board will get the Municipality take remedial measures, failing which appropriate action will be taken against the Municipality's officials. The petitioners and additional respondents can always complain to the Pollution Control W.P.(C) 29648/2009 4 Board and to the Municipality for any grievance and if action is not taken, they are free to approach this court. We dispose of the W.P.(C) upholding the Muncipality's proposal for setting up of the solid waste dumping and treatment yard, but subject to our directions above stated. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms