The KSHRC does not have jurisdiction to entertain a complaint pertaining to a civil dispute between private parties unless it involves a violation of human rights. In a case involving alleged water pollution caused by a biogas plant, KSHRC cannot adjudicate the issue without obtaining a scientific report from an expert body like the Pollution Control Board or ANERT.

Headnote:
BIOGAS PLANT - POLLUTION - HUMAN RIGHTS COMMISSION - JURISDICTION - SCIENTIFIC STUDY - EXPERT OPINIONKerala State Human Rights Commission (KSHRC) does not have jurisdiction to entertain a complaint pertaining to a civil dispute between private parties unless it involves a violation of human rights. In a case involving alleged water pollution caused by a biogas plant, KSHRC cannot adjudicate the issue without obtaining a scientific report from an expert body like the Pollution Control Board or ANERT.
Fact of the Case:

The petitioner constructed a biogas plant with assistance from ANERT, complying with pollution control measures. The 6th respondent, the petitioner's neighbor, lodged complaints alleging that the biogas plant was polluting her well water. The KSHRC, relying on a report by the Health Inspector, directed the Panchayat to relocate the biogas plant. The petitioner challenged this order, arguing that the KSHRC lacked jurisdiction and that the Health Inspector's report was not sufficient to establish the cause of pollution.
Finding of the Court:

The court held that the KSHRC did not have jurisdiction to entertain the complaint as it was a civil dispute between private parties and did not involve a violation of human rights. The court also found that the KSHRC had erred in relying solely on the Health Inspector's report, which was not a scientific study conducted by an expert body. The court further noted that the Pollution Control Board's report indicated that it could not be assumed that the biogas plant was the cause of the pollution.
Issues: 1. Whether the KSHRC has jurisdiction to entertain a complaint pertaining to a civil dispute between private parties unless it involves a violation of human rights?2. Whether the KSHRC can adjudicate the issue of water pollution caused by a biogas plant without obtaining a scientific report from an expert body like the Pollution Control Board or ANERT?
Ratio Decidendi: 1. The KSHRC does not have jurisdiction to entertain a complaint pertaining to a civil dispute between private parties unless it involves a violation of human rights.2. In a case involving alleged water pollution caused by a biogas plant, KSHRC cannot adjudicate the issue without obtaining a scientific report from an expert body like the Pollution Control Board or ANERT.
Final Decision: The court quashed the KSHRC's order directing the Panchayat to relocate the biogas plant. However, the court left open the question of whether the biogas plant was causing pollution to the well water and granted liberty to the 6th respondent to approach the Ground Water Authority or any competent authority to redress her grievances.

JUDGMENT

S. MANIKUMAR, CJ.

Writ petition is filed by the 2nd respondent – Mr.John Paul, in Case No.2857/11/3/2019/EKM, on the file of the Kerala State Human Rights Commission, challenging the order of the Chairperson, Kerala State Human Rights Commission, Thiruvananthapuram Dated 19.09.2019, whereby, the following directions were issued by the Human Rights Commission:

“The Commission examined the Complaint and the report. The complainant and the respondents were heard in person also. It can be seen that the waste pit and the plastic waste were removed and the poultry farm was stopped only after the affixture of the notice by the Panchayat on seeing that the allegation of the complainant is true based on the site inspection report of the Vengola Health Inspector. It was found that the distance between the well of the complainant and that of the bio gas plant of the opposite party is only two meters. This was not denied by the respondent . The test report proves the presence of coli form and e-coli bacteria in the well of the petitioner. In addition to that it is also to be endorsed that the well of the complainant became polluted only after the installation of the biogas plant and waste put by the opposite party. It can be understood that the bio gas plant was installed without keeping the prescribed distance under the Panchayat Raj Act. Even though the respondent argued that the biogas plant was constructed under the supervision of ANERT and with the permission of the pollution control board the respondents failed to produce any documents to substantiate the said contention. Under these circumstances the complaint is disposed of with direction to the Vengola Grama Panchayat Secretary to give direction to the respondent to relocate the said bio gas plant thereby to have a solution to the complaint."

2. Basic material facts for the disposal of the writ petition are as follows;

3. Petitioner has constructed a biogas plant with the assistance and financial support of the Agency for Non Conventional Energy and Rural Technology (ANERT), after complying with all pollution control measures. According to the petitioner, it is a concrete structure and absolutely, there is no possibility of any leakage and the construction was done in the year 2015. That apart, it is stated that the construction was carried out leaving 2 meters from the boundary of petitioner's property. It is the case of the petitioner that as per rule 79 of the Kerala Panchayat Building Rules, 2019, the minimum distance from the plot boundaries is 1.20 meters.

4. However, the 6th respondent, who is the neighbour of the petitioner, lodged complaints that water in her well is polluted due to leakage of waste from the biogas plant of the petitioner before the District Collector, Revenue Divisional Officer, Grama Panchayat, Sub Inspector of Police and the Deputy Superintendent of Police, within his jurisdictional limits in Ernakulam District.

5. It is also the case of the petitioner that on receipt of notice, petitioner appeared before all the authorities and submitted that there is no chance of any pollution causing from the biogas plant since it was constructed by ANERT by observing all the pollution control measures. Petitioner pointed out before all the authorities that a single pit toilet tank of the 6th respondent situated very near to the well of the 6th respondent causes the presence of e-coli and coliform bacteria, which emanates from the human waste and which is the reason for the alleged water pollution in the well of the 6th respondent.

6. The 6th respondent has lodged a complaint to the State Human Rights Commission, as evident from Exhibit P6. Petitioner has submitted Exhibit P7 reply and reiterated the stand adopted by him and deliberated above. However, the State Human Rights Commission passed Exhibit P8, impugned order directing the Secretary of the Grama Panchayat to give directions to the petitioner to relocate the biogas plant, thereby to have a solution to th

Click Here to Read the rest of this document

2022 Supreme(Online)(KER) 24571

Login now and unlock premium legal research