IMPORTANT POINTS
Schedule IV of Act, 1994, the Municipality is vested with powers to impose penalties prescribed therein in contemplation of section 275(2) and section 511 of Act, 1994 on contravention of any provisions of the act-Sections 340 and 341 of Act, 1994, the Municipality is vested with powers for imposing penalty for throwing rubbish or filth or other debris in public places and for committing nuisance in public streets etc-The local bodies cannot shirk its responsibility under law to protect the larger interests of the citizens by invoking the powers conferred on it appropriately.

JUDGMENT :

SHAJI P. CHALY, J.

1. This Public Interest writ petition is filed by a practicing lawyer residing within the territorial limits of the Thiruvananthapuram Corporation, 1st respondent herein. According to the petitioner, the 1st respondent, has failed in its statutory duty of removing waste from the residential premises and public places and disposing it in a scientific manner. It is further contended that the degradable wastes are now dumped in pits, and the non-degradable plastic wastes etc. are burned in public places causing severe health hazards to the public at large. It is thus challenging the alleged illegal actions of the 1st respondent Corporation, the writ petition is filed.

2. The case projected by the writ petitioner is that, most dangerous emissions can occur by burning plastic, which contains organochlor based substances like PVC. It is also pointed out that when such plastic is burned, harmful quantities of dioxins, a group of highly toxic chemicals are emitted, which are most dangerous to human organisms and they are carcinogenic and a hormone disruptor. Even though the petitioner has submitted representations, no action was initiated by the 1st respondent Corporation, which compelled the petitioner to approach this Court.

3. A statement is filed by the 1st respondent on 14.9.2020, wherein it is stated that, the Corporation has taken effective steps for the treatment of plastic waste strictly in accordance with the provisions of Plastic Waste Management Rules, 2016 (hereinafter called ‘Rules 2016’). It is also pointed out that the plastic waste collected from various parts of the city are recycled into new products and the plastic waste is treated in the treatment plant set up at Muttathara and Manacaud, within the limits of the Corporation. That apart it is stated that the un-cleaned plastics are treated by different processes in the plant set up by a private Contractor and the resultant cleaned plastic is sent for recycling process to the plants referred to above.

4. Other statements are made to the effect that various centers are established by the Corporation in accordance with the provisions of Rules, 2016 and collecting plastic waste, and other wastes also, so as to keep the city clean, and as of now the grievances highlighted in the writ petition are not available for consideration and adjudication since already steps are taken and the grievances of the petitioner are redressed.

5. Heard learned Standing Counsel for the respondent Corporation, learned Government Pleader, and perused the pleadings and documents on record.

6. Considering the relevance and importance of the seminal issues raised in the writ petition, we are of the view that the writ petition is to be disposed of taking into account the mandatory requirements of Rule, 2016 and the provisions of The Kerala Municipality Act, 1994 (hereinafter called ‘Act 1994’). The Plastic Waste Management Rules, 2016 was constituted by the Central Government in exercise of the powers conferred by Sections 3, 6 and 25 of the Environment (Protection) Act, 1986 and in super-session of the Plastic Waste (Management and Handling) Rules, 2011. Plastic is defined to mean “material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate” plastic waste is defined to mean “any plastic discarded after use or after their intended use is over” local body is defined to mean “urban local body with different nomenclature such an municipal corporation, municipality, nagarpalika, nagarnigam, nagarpanchayat, municipal council including notified area committee (NAC) and not limited to or any other local body constituted under the relevant statutes such as grama panchayat, where the management of plastic waste is entrusted to such