Back
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
K. Sampath, President and Pon. Gunasekaran, Member
CITIZEN CONSUMER AND CIVIC ACTION GROUP - Appellant
Versus
CORPORATION OF CHENNAI AND ANR. - Respondents
C.C. No. 44 of 2007
Decided on : 05-03-2008
None., for the Appellant; Mr. P. Udayakumar, Advocate, Mr. V.P. Raju, Advocate, for the Respondent
The main legal point established in the judgment is the failure of the responsible parties to comply with the Municipal Solid Wastes (Management and Handling) Rules, 2000, and the court's order to ensure proper garbage collection and management in compliance with the rules.
Headnote:
Garbage Collection - Municipal Solid Wastes Management - Municipal Solid Wastes (Management and Handling) Rules, 2000 - The judgment discusses the deficiencies in garbage collection and disposal in Chennai, highlighting the failure of the responsible parties to comply with the Municipal Solid Wastes (Management and Handling) Rules, 2000. The court orders the responsible parties to ensure proper garbage collection and management in compliance with the rules, and requests Advocate Commissioners to file a status report on the present position regarding garbage removal within two weeks.
Fact of the Case:
The complainant, a registered Trust, filed a complaint against the Chennai Corporation and a contractor for failing to clear garbage, leading to health hazards. The 1st respondent denied the allegations, stating necessary actions were taken, while the 2nd respondent claimed to have removed the backlog of garbage and made efforts to segregate waste materials.
Finding of the Court:
The court found that there was a total breakdown during the transition period, with both parties failing to ensure prompt and proper garbage removal. The court rejected the objection on the maintainability of the complaint and held it to be maintainable.
Issues: The main issues were the failure of the responsible parties to ensure proper garbage collection and disposal, and the non-compliance with the Municipal Solid Wastes (Management and Handling) Rules, 2000.
Ratio Decidendi: The court held that the responsible parties had failed to comply with the Municipal Solid Wastes (Management and Handling) Rules, 2000, and ordered them to ensure proper garbage collection and management in compliance with the rules.
Final Decision: The court ordered the responsible parties to ensure proper garbage collection and management in compliance with the Municipal Solid Wastes (Management and Handling) Rules, 2000, and requested Advocate Commissioners to file a status report on the present position regarding garbage removal within two weeks.
ORDER
K. Sampath, President - The prayer in the complaint runs as follows: To pass an order directing
(a) the 2nd respondent to pay a sum of Rs. 25 lakh as damages to the State Consumer Welfare Fund for the deficiency in service in not clearing the garbage in the area allotted to it from 25.8.2007 till 28.8.2007 and on every day when the default continued;
(b) to instal adequate number of garbage bins to and recruit adequate number of personnel not being lesser than the numbers recruited by ONYX the earlier contractor to clear garbage and Municipal wastes in the areas allotted to it in the Chennai Corporation; and
(c) to grant such further or other orders as this Hon'ble Forum may deem fit and proper in the circumstances of the case
on the following allegations: The complainant is a registered Trust working towards protecting the citizens' rights in consumer and environmental issues. The 1st respondent representing the Chennai Corporation which is under a statutory obligation to ensure that the city is kept clean and safe by carrying out all the necessary actions to remove the garbage in the city regularly, has entered into a contract with the 2nd opposite party as could be seen from the announcement in the newspaper "The Hindu" dated 26.8.2007 for collection and removal of garbage of municipal wastes from the city from the said date onwards in respect of Ice House, Adyar, Pulianthope and Kodambakkam [Zone Nos. 6, 10, 3 and 8]. The 2nd opposite party has miserably failed to take any initiative to remove the municipal wastes since 25.8.2007 and the city is now accumulated with huge wastes and has become a breeding place for mosquitoes and other insects and thus endangering the health of the people in the Chennai Corporation limits. Money to the 2nd opposite party has been paid from the taxpayers' funds. The citizens living in these zones are beneficiaries and therefore entitled collectively through the complainant to file this complaint.
2. Along with the complaint, the complainant took out two applications viz., (1) MP No. 112/2007 for a direction to the opposite parties to instal adequate number of garbage bins in those zones and (2) MP No. 113/2007 for a direction to the 2nd opposite party to clear the accumulated garbage in those zones forthwith. After notice was ordered to them, the opposite parties also appeared before us. On 31.8.2007 Mr. G.A. Dominic Savio Joseph representing the 2nd opposite party undertook to file a clear affidavit on 3.9.2007 committing themselves to remove the accumulated garbage by 5.9.2007. On 31.8.2007 this Commission passed an order to the following effect:
"The situation is pretty serious and the consequences will be unimaginable. It will lead to cholera, leptospirosis, etc. It is rather unfortunate that the authorities have not realized the seriousness of the situation. Call on 3.9.2007"
On 7.9.2007 the 1st opposite party filed an affidavit denying the various allegations and averments made by the complainant and stating further as follows: After noticing the accumulated garbage the 1st opposite party took necessary action by deploying adequate staff and vehicles to remove the garbage. The 1st opposite party also issued a statutory notice to the 2nd opposite party to execute the work as per the contract entered into between opposite parties 1 and 2. The 1st opposite party directed the 2nd opposite party to deploy adequate vehicles for the complete removal of the garbage from the streets. On 26.8.2007 the operation started for removal of garbage and as on the date of swearing to the counter viz., 6.9.2007, there was no accumulation/backlog of garbage in the service area of the 2nd opposite party. The counter prayed for dismissal of the complaint.
3. Meanwhile, the complainant took out an application for the appointment of Advocate Commissioners for submission of factual report on the clearance of accumulated garbage in Zones 6, 10, 3 and 8. We appointed Mr. S. Natarajan and Dr. V. Suresh, Advocates, as
