IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 429 of 2009(S) ---------------------------- PETITIONER: ------------- CHAKKAMKANDAM AZHUKKACHAL VIRUDHA KARMASAMITHI, P.O. CHAKKANDAM, REP.BY ITS, SECRETARY, N.P.MANOHARAN. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE POLLLUTION CONTROL BOARD, REP.BY CHAIRMAN, PATTOM, THIRUVANANTHAPURAM. 3. KERALA WATER AUTHORITY REP. BY ITS CHAIRMAN, THIRUVANANTHAPURAM. 4. CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, ERNAKULAM NORTH P.O.REP.BY ADMINISTRATION OFFICER. 5. GURUVAYOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, GURUVAYOOR. 6. GURUVAYOOR DEVASWAM BOARD REPRESENTED ITS ADMINISTRATOR, GURUVAYOOR. 7. THAIKKAD GRAMAPANCHAYAT, REPRESENTED BY ITS SECRETARY, THAIKKAD, THRISSUR. ADV. SRI.ANIL SIVARAMAN FOR R7 SRI.P.JACOB VARGHESE, SENIOR ADVOCATE FOR R4 SRI.VIVEK VARGHESE P.J. FOR R4 SRI.VARUGHESE M EASO FOR R4 SRI.P.J.VINOD JOSEPH FOR R4 SRI.PETER K.ALIAS FOR R4 SRI.P.NANDAKUMAR,SC,GURUVAYUR D BOARD FOR R6 SMT.AMBIKA DEVI, SC, KWA FOR R3 SRI.M.K.CHANDRAMOHAN DAS FOR R2 SR.GOVT.PLEADER SRI. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, ALONG WITH WPC NO. 2689 OF 2009 & WPC NO. 11792 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP. 429/2009) PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF ANALYSIS REPORT ISSUED BY GOVT. ENGINEERING COLLEGE. EXT.P2: TRUE COPY OF JUDGMENT IN OP.19891/1997 dt. 30/01/2004. EXT.P3: TRUE COPY OF REPORT FILED BY CMFRI. EXT.P4: TRUE COPY OF APPLICATION DT. 03/04/2008. EXT.P4(A): TRUE COPY OF REPLY GIVEN BY K.W.A. EXT.P5: TRUE COPY OF APPLICATION BEFORE P.C.B. DT. 15/4/2008. EXT.P5(A): TRUE COPY OF REPLY GIVEN BY P.C.B. EXT.P6: TRUE COPY OF REPORT OF FACT FINDING MISSION TO CHAKKAMKANDAM. EXT.P7: TRUE COPY OF REPREENTATION DT. 17/4/2008 RESPONDENTS' EXHIBITS: ANNEXURE R2(a): TRUE COPY OF CONSENT TO ESTABLISH DT. 22/3/2008. EXT.R3: PHTOCOPY FO LETTER NO.DB4/07 DT. 28/2/2008. EXT.R3(a): DO. OF LETTER NO.GDS/201/2007 DT. 1/3/2008. EXT.R3(b): DO. OF LETER NO.168/08 DT. 13/3/2008. EXT.R3(c): DO. OF LETTER NO.DD4-1544/07 DT. 27/3/2008 EXT.R3(d): DO. NO.168/08 DT. 20.5.2008. EXT.R3(E): DO. nO.DB4/1544/2007 DT. 12/6/2008 EXT.R3(f): DO. nO.GDS.201/07 DT. 15/3/2008 EXT.R3(G): DO. nO.E/168/08 DT. 19/3/2008 S.R. Bannurmath, C.J. & A. K. Basheer J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 429, 2689 & 11792 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2009. Judgment Basheer, J: These three writ petitions are being disposed of by this common judgment since a common issue is involved in them. 2. The grievance of the petitioners who hail from Thaikkad Grama Panchayat in the outskirts of Guruvayoor Municipality is that the Sewage Treatment Plant that is being established by Guruvayoor Municipality at Chakkumkandam within the territorial limits of Thaikkad Grama Panchayat is in gross violation of the Environmental Laws and in total disregard to the health and well-being of the local residents of that area. 3. W.P.No.429/2009 has been filed by an Organization styled as Chakkumkandam Azhukkuchal Virudha Karmasamithi. The primary prayer in this writ petition is to issue a writ in the nature of mandamus commanding the authorities like the State of Kerala, Kerala State Pollution Control Board, Kerala Water Authority, Guruvayoor Municipality etc. not proceed further with the establishment of the “Solid Waste Disposal Plant” without obtaining necessary clearance from the statutory authorities including the local Grama Panchayat. 4. W.P.No.2689/2009 is filed by a local resident of Thaikkad Wps.429,2689 & 11792/09. : 2 : Grama Panchayat. He prays for issue of a writ of mandamus to the Grama Panchayat to take immediate and effective steps to prevent the illegal construction of the Sewage Treatment Plant. 5. Petitioner in WP.No.11792/09 claims to be the Convenor of Chakkumkandam Kayal Protection Forum and a resident of Thaikkad Grama Panchayat. The prayer in this writ petition is to issue a writ of mandamus to the Government to accord sanction to the petitioner to prosecute the Secretary of the Guruvayoor Municipality for his failure in his official duty in preventing the public and other private institutions from dumping waste in public places like Cheriyathodu, Valiyathodu and Chakkumkandam Kayal. 6. Guruvayoor Sree Krishna Temple attracts millions of devotees from all over India and abroad every year. The small township has become the No.1 destination not only for the devotees of Lord Krishna but also for foreigners coming to India. The growth in the number of devotees and tourists to this temple town over the last few years has been so phenomenal that the local administration and the Guruvayoor Devaswom, which manages the temple, have been finding it difficult to provide adequate facilities to the devotees and particularly in managing the ever increasing sewage and garbage problem. Keeping in view the enormous sewage problem, the Government had directed the Public Health Wps.429,2689 & 11792/09. : 3 : Department to establish a Sewage Treatment Plant at Chakkumkandam within the limits of the neighbouring Thaikkad Grama Panchayat. Necessary land having an extent of 2.2909 hectares was purchased by the Department in the year 1975 for construction of a Sewage Treatment Plant and other allied works. Later, Kerala Water Authority prepared necessary project report for establishment of the plant. 7. The local residents filed O.P.No.6315 of 1994 apprehending that the Treatment Plant may be established at Chakkumkandam without taking adequate precautionary measures to protect the shrimp and prawn filtering activity that was going on in the brackish water in the canal nearby. Various other health hazards were also highlighted in that writ petition. 8. However another Original Petition (O.P.No.19891/97) was filed by some other public spirited persons highlighting the absolute necessity of a Sewage Treatment Plant and it was prayed that immediate steps be taken by the authorities concerned to establish the Plant. These two writ petitions were disposed by a Division Bench of this Court through a judgment dated January 10, 2004 with the following directions: “1. The Government shall ensure that at the time of operation of the Plant there shall be uninterrupted power supply by Wps.429,2689 & 11792/09. : 4 : providing an adequate generator for generating power in case of power failure so that the Activated Sludge Process envisaged in the Plant in erection shall go on smoothly. 2. The treated effluent to be discharged from the plant shall be free from all kinds of pollution and shall not be detriment to the civil life in the locality, where the plaint is established. This can be ensured only by a proper study by the CMFRI as to whether the effluent to be generated from the plant will spoil the fish life. Accordingly, we direct the CMFRI, Kochi to conduct a study and make available a report to the Government with regard to the safeguards that are to be adopted while installing the plant. The Government shall meet the expenditure in this regard. 3. There will be discharge of sludge, regularly after the plant becomes operational. It shall be ensured that the sludge to be discharged is free from pollution or any other endangering factors. This can be done only by the State Pollution Control Board. The senior Environmental Engineer of the State Pollution Control Board, with the help of experts, shall conduct a study as to how the sludge to be discharged, shall be kept safe and free from pollutants. Wps.429,2689 & 11792/09. : 5 : 4. The Health Department shall keep a watch over the potable water supply available in the locality and in case any pollution is caused, the Government have to make available potable water to the people of the locality when the plant is made operational. 5. The state Pollution Control Board shall also make periodical inspections at least once in two months to oversee whether any pollution is caused and to suggest remedial measures which shall be implemented by the Officer in charge of the plant without fail. 6. Ensuring these safety measures, the Government shall proceed with the work of the Sewage Plant.” 9. It is contended by the petitioner in W.P.No.429/09 that if the Sewage Plant is established at Chakkumkandam, the effluents that would be let out would ruin the entire marine life in the backwaters. According to the petitioner, the Plant is being established without a proper study and evaluation of the adverse impacts of the project on the life and hygiene of the local residents. It is further alleged that the directions contained in Ext.P2 judgment of this Court are being flouted. In fact the Central Marine Fisheries Research Institute has given a report which does Wps.429,2689 & 11792/09. : 6 : not reveal that a study as directed by the Division Bench in Ext.P2 judgment had been conducted. Petitioner further contends that the Pollution Control Board has no idea regarding the volume of solid waste that has to be treated in the Plant every day. Petitioner has got a further case that the Water Authority is proceeding with the construction without obtaining necessary permit from Thaikkad Grama Panchayat as contemplated under the Kerala Building Rules. In short, the contention of the petitioner is that the establishment of the Plant will result in great havoc to the entire area. 10. In response to the above contention raised by the petitioner, the Addl. Chief Secretary to the Government who is also the Chairman of the Kerala Water Authority has in his counter affidavit asserted that the proposed Sewage Treatment Plant would not affect the aquatic environment in any manner. He further states that all necessary safety measures have been taken in setting up the Plant. It is pointed out by the Chairman that the waste from Guruvayoor Municipality and other areas which is being thrown into Valiyathodu is getting dumped at Chakkumkandam area due to natural flow of water. This has adversely affected the life of the people and other aquatic environment. But with the commissioning of the drainage scheme, indiscriminate throwing of waste into Valiyathode can be Wps.429,2689 & 11792/09. : 7 : stopped and this will improve the quality of water in Valiyathode and other water bodies at Chakkumdandam. When the sewage Treatment Plant is commissioned, the entire sewage can be collected and treated. Flow of waste will be only through sewer lines. The waste is proposed to be treated in the Sewage Treatment Plant at Chakkumkandam. As per the proposal no waste including human excreta will be thrown to Valiyathodu or to any canal. It is further averred by the Chairman that construction of the Plant is being carried out in the acquired land and it is 500 meters away from the backwaters. Land was acquired even before the Coastal Regulation Zone came into force. The Water Authority had approached the Thaikkad Grama Panchayat for permission to construct the Plant as per Exts.R3 and R3(c) in February/March 2008 itself. However the Grama Panchayat did not issue any orders. The Sewage Treatment Plant is being constructed in accordance with the Rules under the Coastal Regulation Zone. It is further pointed out by the deponent that the petitioner is under a wrong impression that what is being set up is a Solid Waste Treatment Plant. In fact the Plant in question is a Sewage Treatment Plant. 11. In the statement filed on behalf of the Kerala State Pollution Control Board it is stated that the Water Authority had submitted the application for consent to establish a 3 mld capacity Wps.429,2689 & 11792/09. : 8 : Sewage Treatment Plant in November 2007 as provided in the Water (Prevention and Control of Pollution)Act 1974. The Board has issued consent to establish the Plant in March 2008 and it is valid upto March 21, 2011. A copy of the consent has been produced as Ext.R2(a). It is further stated that the Water Authority has laid 85% of the sewer lines already. The repair works of three sewage dumping stations has already been started by the Water Authority in Guruvayoor town for dumping the waste to the Sewage Treatment Plant. 12. We have carefully perused the averments contained in the three writ petitions. We have also considered the replies given by the Water Authority and the Pollution Control Board in response to the various allegations made by the petitioners against the establishment of the Sewage Treatment Plant. As has been noticed already, the absolute necessity of a Sewage Treatment Plant is a foregone conclusion. Establishment of the Plant was envisaged or thought of by the Government way back in the year 1975 when the necessary land was acquired in Thaikkad Grama Panchayat. But it appears that the Government machinery as usual moved at a snail's pace. The number of devotees that visit the temple town increased many fold over the years. The problem of garbage mounted alarmingly. Though it appears that the authorities woke up some time during 1994 they once again fell into a deep Wps.429,2689 & 11792/09. : 9 : slumber. Even after this Court issued certain directions in Ext.P2 judgment the authorities took their own sweet time in completing the project. We do not propose to make any further comment on the totally lackadaisical and casual approach made by the authorities in the matter so far. But luckily it now appears that the authorities have thought about completing the project. These writ petitions have been filed at a time when the authorities have started the work after waking up from their deep slumber. 13. Having carefully considered the entire aspects of the matter, particularly the directions issued by a Division Bench of this Court in Ext.P2 judgment, we do not find any reason why petitioners should be apprehensive about the so called calamitous situation that may result if the project is implemented. We need only say that the authorities must ensure that all precautionary measures including those indicated in Ext.P2 judgment are taken while implementing the project. The Pollution Control Board and the Health authorities of the Municipality and Thaikkad Grama Panchayat shall also ensure that regular periodical inspections are held once the project is commissioned. It will be open to the petitioners to monitor the work of the plant after it is commissioned. It will also be the duty of the petitioners to monitor the working of the project once it is commissioned. Their energy should be diverted for the proper implementation of the project Wps.429,2689 & 11792/09. : 10 : which will save Cheriathodu, Valiyathodu, Chakkumkandam canal and Kanoli canal. 14. Having regard to the entire facts and circumstances of the case, we do not find any reason to stall the project which is indispensable as far as the Guruvayoor Township is concerned. The project will go a long way in saving not only the temple town but also the adjoining areas. In that view of the matter we are not inclined to entertain these writ petitions. They are accordingly dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer Judge an.