Kerala HC orders clearance of trash along highway till Kalamassery; will inspect Brahmapuram waste plant

The Kerala High Court on Friday ordered clearance of waste from identified dumping hotspot in Kochi [Suo Motu v State of Kerala]

A Division Bench of Justice Bechu Kurian Thomas and Justice P Gopinath directed the State government to instruct panchayats and municipalities, through which the National Highway 966 passes till Kalamassery municipality, to clear accumulated waste from either side of the road.

Pertinently, the Court said that it will be visiting the Brahmapuram waste treatment facility for a physical inspection on September 11 to verify whether it is functioning effectively.

The Court said the waste dumped on roads belongs to the government or civil authorities and emphasised their duty to keep public places clean.

The Court passed the order in a suo motu case initiated by the High Court to address the issue of waste management in the city.

Justice Thomas expressed concern over continued dumping of waste at various locations in Kochi.

"Every two kilometres, there is a huge pile of waste. You can’t expect the court, or the amicus curiae, to point out every time there is a waste accumulated over here," Justice Thomas told counsel representing Kochi Corporation.

The Court then directed the corporation to immediately remove the accumulated waste from locations including the Alexander Parambithara Road towards Cochin Port and Willingdon Island.

"Prima facie we are of the view that the moment the waste is dumped on the road, it belongs to the government or to the local authority. Maybe local authorities. Then it is your responsibility to remove irrespective who dumps it and so it is also your responsibility to ensure that waste is not dumped on the road," Justice Thomas said.

The Court also asked the corporation to take effective steps to prevent further dumping and initiate action against those responsible.

The corporation was further directed to ensure that the streetscape at Panampilly Nagar is maintained by removing the waste accumulated there.

The Bench stressed on the need to change public attitude towards waste disposal and suggested that civic awareness should be imparted through schools. It also said the Local Self Government Departments (LSGDs) should use social media campaigns, including Instagram reels to discourage dumping of waste and to promote responsible waste management in the city.

In compliance with the earlier directions of the Court, the Railways submitted an affidavit stating that the collection, clearing and disposal of garbage from its area has been entrusted to 'Tharu & Sons'.

According to the affidavit, Tharu & Sons have entered into an arrangement with Konaris Advanced Polymers, a waste management and recycling company, for the transportation, segregation and processing of the waste.

Justice Gopinath, however, questioned the practicality of the arrangement, as the Railways said the waste is sent by Konaris to a facility in Bengaluru and some cement factory in Trichy.

"This is exactly why we wanted the government to place on record an affidavit mentioning what every agency, every corporation is doing. Say for disposal of sanaitary waste, we have this agency, they are authorised to collect waste but what are they doing with it? We want that," the judge said.

He specifically sought details on how bio-waste, non-recyclable waste and other categories of waste are being dealt with. He said it is highly unlikely that Konaris is able to properly process the huge amount of waste generated by the Railways.

The Bench directed railways to provide details of the quantum of waste collected by the private contractor and also inform how the waste is being subsequently dealt with by Konaris.

The Kerala State Pollution Control Board was separately directed to inspect the premises of Konaris' facility in Aluva at the earliest and to submit a report on the systems available for segregation and processing of the waste.

It directed the State government to instruct panchayats and municipalities through which the National Highway 966 passes till Kalamassery municipality to clear accumulated waste from either side of the road.

The Court further directed the Thiruvananthapuram Corporation to submit a report on the present condition of Amayizhanjan Thodu.

The matter has been posted next on September 25 for further consideration.

Standing counsel K Anand appeared for the Kochi Municipal Corporation.

Standing counsel TC Krishna appeared for the Indian Railways

Standing counsel T Naveen appeared for the Kerala State Pollution Control Board.

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