Local bodies must enforce waste disposal laws under the Kerala Panchayat Raj Act, prioritizing legal compliance over public dissent.

J U D G M E N T

Dated this the 29th day of January, 2021 S. Manikumar, C. J.

Instant writ petition has been filed seeking for the following reliefs:-

“i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to strictly implement Section 219F of the Kerala Panchayat Raj Act 1994 which makes it mandatory for every Panchayat to identify and notify suitable places for the purpose final disposal of waste.

ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to strictly implement section 15 of the Kerala Panchayat Raj (Construction and maintenance of public latrines, urinals, bathing places and sanitation of private premises) Rules 1998.”

2. Short facts leading to filing of the writ petition are as hereunder:-

Petitioner is the Secretary of Human Rights Protection Council, which, according to the petitioner, is engaged in protecting human rights and values. Petitioner submitted that, in Corporation areas like Trivandrum, Ernakulam and Calicut, wherein, waste disposal measures are being carried out, with the aid of local self government, incidents of violence are being reported. According to the petitioner, these incidents happened, because of the failure on the part of the local government authorities, to foresee the vice of garbage, which ought to have generated in that areas. The Kerala Panchayat (Construction and maintenance of public latrines, urinals, bathing places and sanitation of private premises) Rules, 1998, has been enacted for the abovesaid purpose. But the same is not seen implemented, in any of the local self government bodies, across the state. Petitioner has further submitted that, due to the non-implementation of the said rules, practically, the Panchayats have withdrawn from one of the prime duties, cast upon them. Petitioner has also submitted that, Panchayats are implementing other rules, which are revenue generating for them, and are ignoring the beneficial legislations, which are burdensome for the Panchayats. Being aggrieved, instant writ petition is filed.

3. Secretary, Department of Local Self Government Department, Government Secretariat, Thiruvananthapuram, the 1st respondent, has filed a counter affidavit in the writ petition, wherein, the 1st respondent stated that, as part of the decentralized waste management, approach have been to provide State Plan Funds. The State Government have also taken steps to tap central assistance under the programme, Nirmal Bharat Abhiyan, for providing assistance to the Grama Panchayats, for implementing solid and liquid waste management projects. Public toilets (Community Sanitary Complexes) can also be constructed, under the said programme, as per requirement.

4. It is submitted that, all the urban local bodies are promoting source level treatment of solid waste in a big way, and able to reduce significant quantity of bio-degradable waste, at the source itself. As part of legal support to the local bodies, the Kerala Municipal Act, 1994 and the Kerala Panchayat Raj Act , 1994, were amended during the year 2012, insisting source level treatment in commercial establishments, hotels, flats etc., as the responsibility of owners of those organizations. Considering the non-availability of land for establishing solid waste processing plant, focus is now being given for promoting source level, and decentralized solid waste treatment plants. At the same time, focus is given for supporting the upgrading/modernization of existing plants.

5. It is also submitted that, with regard to the grounds raised in the writ petition, the urban and rural local bodies are responsible for establishing and operating the solid waste processing plant, as per the Kerala Municipality Act, 1994, Kerala Panchayat Raj Act , 1994 and Municipal Solid Waste Rules (Management and Handling), 2000, the State Government is providing all support, by way of technical and financial, to the local bodies. Encourag