Kerala High Court lifts stay on NGT order imposing fine of ₹1 crore on Cochin Corporation for issues at Brahmapuram waste dump

In view of the fire that recently broke out at the Brahmapuram waste dump, the Kerala High Court on Monday lifted its stay on an order of the National Green Tribunal that had slapped a fine of ₹1 crore on the Cochin Municipal Corporation for its delay in setting up a waste treatment plant at the site in accordance with the Solid Waste Management Rules, 2016. [Corporation of Cochin v Jith Kumar & Ors.].A division bench of Justices SV Bhatti and Basant Balaji, that has been at the helm of a suo motu case initiated by the court regarding the fire, passed the order vacating the stay.While hearing the suo motu case last week, the Court had constituted a high-level committee consisting of the District Collector, the Chief Engineer of Local Self Government Department, the Director of Solid Waste Management, the Joint Chief Environmental Engineer of Kerala State Pollution Control Board, the Secretary of Cochin Corporation, and the Secretary of District Legal Services Authority, to conduct a field inspection and report on the state of affairs at the Brahmapuram site. The report submitted by this Committee that said that the site has no facilities for handling solid waste. In view of the same, the Court lifted the stay."The efficacy and efficiency, at least, there is consensus that the site cannot be measured as a facility from any perspective under the Solid Waste Management Rules 2016 (for short, Rules 2016). The basic requirements for handling solid waste upon site delivery are unavailable...The interim order, we are of the view, shall not be taken as an advantage for an omission to discharge any of the obligations of the Corporation under the Rules 2016," the Court stated. .The stay that was vacated by the Court this week came on a petition moved by the Cochin Municipal Corporation in 2018 challenging the NGT order.The bench went through the petition and noted that the Corporation was optimistic about taking forward the proposal of establishing a power generation plant at the site. It also observed that it seemed like the proposal of establishing a power project was mired in teething problems since the beginning and culminated in the terrible fire that had subjected city dwellers to toxic fumes for over a week."Confidence is always subjective. The Municipal Corporation thought it could tide over and accomplish the targets. It is sad to note that on 02.03.2023, an unfortunate and uncontrollable fire incident occurred at the subject site. The smoke emanating from the site engulfed the city of Cochin. It choked the dwellers’ lives, resulting in this Court initiating suo motu and monitoring the situation ever since," the Court said. After considering the report of the high-level committee, the Court decided to vacate the stay it had previously granted. .[Read Order]