The statutory obligation of local authorities to manage solid waste effectively and create awareness among the public for waste management measures.

A.M. SHAFFIQUE, J.

1. This writ petition is filed in the form of a Public Interest Litigation by the Kerala Federation of Women Lawyers seeking to issue directions to the Corporation of Cochin to implement Ext.P1 notification. Ext.P1 is a notification which came into force with effect from 01/06/2008. Purpose of the notification is to manage solid waste. The petitioners also seek for a direction to the Corporation to restrain the respondents from dumping waste in public places. During the pendency of the writ petition, all the Municipalities were made parties to the above writ petition.

2. During the pendency of this writ petition, this Court had issued several directions in relation to setting up of waste treatment plants and other procedures that has to be adopted in the matter of dumping of waste in public places.

3. Several reports have been filed by the Government with reference to the measures that have been taken for setting up of solid waste processing plant. Specific reference is made to the implementation of the waste management plant at Brahmapuram, Cochin and other steps taken by the Government in that regard. It is inter alia indicated that the Government through Suchitwa Mission has taken all efforts to establish solid waste management plant at Brahmapuram, Cochin. In another report filed on 10/12/2013 it is further indicated that the Suchitwa Mission has completed the procedure for inviting tenders. But, on evaluation of the same, it is found that the tender has to be cancelled and subsequently by Government Order dated 29/07/2013, the Government constituted a committee and proceeded to invite tenders from short listed seven agencies. According to them, steps are being taken for completing the formalities in that regard by inviting such tenders. Another report is filed on 01/01/2014 inter alia indicating that KITCO, a Government agency has prepared and forwarded the technical and financial proposal to the Principal Secretary, Local Self- Government Department on 07/12/2013 and steps are being taken to implement the project by inviting competitive bidding process. Further it is stated that as a temporary measure, Government has accorded sanction for promoting source level treatment of biodegradable waste at households and institutions and the balance waste could be collected and treated in the existing Window Composing Plant at Brahmapuram. It is stated that all possible help has been given by the Government to the Corporation to discharge their mandatory responsibility for proper treatment of Municipal Solid Waste generated in Kochi city.

4. It is not in dispute that the waste management within the Corporation/Municipal area is one of the mandatory requirement that has to be carried out by such local authorities. It is to enable proper waste management measures in Corporation area that Ext.P1 guidelines have been brought into force. It is for the Corporation, its Officers, employees, staff and other public men to ensure that waste management measures are fulfilled with the active participation of the residents of the Corporation area. According to the respondents, appropriate measures have already been taken in that regard. But, it has to be seen that waste management is a daily affair and unless the Corporation is keen to implement a proper programme to dispose of the solid waste as well as other waste generated in the Corporation area, the obligation cast on them under the Statute will remain unfulfilled.

5. During the hearing of this writ petition, this Court is appraised of various measures that were undertaken by the Government as well as the Corporation/Municipalities. But, still, if a proper system is not in force and is implemented on a day to day basis, the waste management measures will not be effective. Section 326 of the Kerala Municipality Act, 1994 reads as under:

"326. Municipality to arrange for the removal of rubbish, solid wastes and filth.-

(1) Every Municipality shall make adequate arrange