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2022 Supreme(Online)(NGT) 1410
Item No.1 & 2:- Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference)
Original Application No.439 of 2013(SZ)
(THC) (W.P.(C) No.3637/2012)
WITH Original Application No.456 of 2013(SZ)
(THC) (W.P. (C) No.1367/2011)
IN THE MATTER OF:
1. Chandran Pillai N Aged 50 years S/o. Narayanan Pillai Kulathin Tinttackizhakkathil, Kureepuzha, Kavabadu Post, Kollam.
2. S. Ravikumar Aged 49 years S/o. Sasidharan Pillai Palakkattukizhakkathil Veedu, Kureepuzha, Kavanadu Post, Kollam 691 003. … Applicant(s)
Versus
1. Union of India Ministry of Environment, Government of India Represented by its Secretary.
Pin: 110 009.
2. State of Kerala Represented by the Secretary, Local Self Government Department, Government of Kerala, Trivandrum – 695 001.
3. The Environmental Engineer, Pollution Control Board, District Office, Kadappakada Pin: 691 013.
4. The Corporation of Kollam Represented by its Secretary Kollam – 691 001.
5. The District Collector, Kollam – 691 013. …Respondent(s)
WITH
1. Manushyavakasha Paristhithi Samarakshana Samithy Regn. No.Q 22/11, Kureepuzha, Kavanadu Post, Kollam – 3, Represented by its Secretary - Mr. Manalli K. Santhosh
2. N. Sathyapalan Aged 47 years S/o M. Neelakandan, President, Manushiyavakasha Paristhithi Samarakshana Samithy Regn. No.Q 22/11, Kureepuzha, Kavanadu Post Kollam – 3.
Residing at “Aathira Bhavanam”
M.G. Nagar 17, Kureepuzha, Kavanadu Post, Kollam – 3.
3. Kiran P Shah “Kalika”, Kureepuzha, Kavanadu Post Kollam – 3.
4. Sahadevan Kochuveettil Kizhakethil, Kureepuzha, Kavanadu Post, Kollam – 3.
5. Prithiviraj N “Rajalayam”, Kureepuzha, Kavanadu Post, Kollam – 3.
6. Sanalkumar “Gokulam”, Kureepuzha, Kavanadu Post, Kollam – 3.
7. Sreekumar Vadakke Marakazhayath Kureepuzha, Kavanadu Post, Kollam – 3.
…Applicant(s)
Versus
1. Union of India Ministry of Environment Government of India, Rep. by its Secretary New Delhi – 110 009.
2. State of Kerala Represented by the Secretary Local Self Government Department, Government of Kerala, Thiruvananthapuram – 695 001.
3. The Environmental Engineer Pollution Control Board District Office, Kadappakada, Kollam.
4. The Corporation of Kollam Represented by its Secretary, Kollam.
5. The District Collector Kollam.
6. The Inland Navigation Water Authority Represented by the Secretary, Central Inland Navigation, New Delhi.
7. The Secretary Corporation of Kollam, Kollam.
…Respondent(s)
O.A. No.439 of 2013 (SZ)
For Applicant(s): Mr. Anister Hakeem For Respondent(s): Mr. Meyyappan represented Mrs. Me. Saraswathy for R1.
Mr. G. Prabhu represented Mr. E.K. Kumaresan for R2 & R5.
Mrs. V.K. Rema Smrithi for R3.
Mrs. D. Kamatchi for R4. O.A. No.456 of 2013 (SZ)
For Applicant(s): M/s. Laila I.S.
For Respondent(s): Mrs. M. Sumathi for R1.
Mr. E.K. Kumaresan for R2 & R5.
Mrs. V.K. Rema Smrithi for R3.
Mrs. D. Kamatchi for R4.
Judgment Reserved on: 21st April 2022.
Judgment Pronounced on: 05th July 2022.
CORAM HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgement is allowed to be published on the Internet – Yes.
Whether the Judgement is to be published in the All India NGT Reporter – Yes.
For the Petitioner: NISTER HAKEEM
For the Respondent:
JUDGMENT
Delivered by Justice K. Ramakrishnan, Judicial Member
1. Both these cases were originally filed before the Hon’ble High Court of Kerala as W.P.(C) No. 3637 of 2012 and W.P.(C) No.1367 of 2011 respectively. Thereafter, both these cases were transferred to this Tribunal for further consideration as per the orders of the Hon’ble High Court of Kerala and thereafter, the same were renumbered as O.A. No.439 of 2013 (SZ) and O.A. No. 456 of 2013 (SZ) respectively before this Tribunal.
2. The O.A. No. 439 of 2013 (WPC No.3637 of 2012) was filed by two applicants who were residents of Kollam against indiscriminate dumping of waste, garbage and establishment and functioning of Garbage Treatment Plant operated by Kollam Municipal Corporation in the disputed area on the allegation that this is situated in between next two temples under the management of Travancore Devasthanam Board, the first applicant represent five years prior to the filing of the application and causing pollution in that area. A proposal was mooted by the authorities to establish a sophisticated Garbage Treatment Plant in the wide area between the temple property and the Ashtamudi Lake. As against the promises made, it was now found that they had begun to use the area as dumping yard bringing in waste from all over the Corporation limits of the district and dumping the waste there without any proper treatment or segregation, which was done without any sanction from the environmental authorities and it is the highhanded acts of the local body which resulted in pathetic condition causing hardship to the persons residing near that area.
3. The 1st applicant was the Secretary of “Thevarkavu Sree Mahavishnu Temple, Kureepuzha, Kollam and 2nd Applicant was the Secretary of “Vattamana Durga” Temple, Kollam. There is another famous temple by name Sakthikulangara Temple “Arattukulam” situated by the side of the temple represented by the 2nd applicant evidenced by Ex.P1 rough sketch produced along with the Writ Petition. People did not object to the formation of the Waste Management facility as it was required for proper disposal of the waste generated in the area on the hope that they would properly segregate and dispose the same in a scientific manner but quite contrary to their expectation, they were only dumping the waste indiscriminately without making any attempt to dispose of the same in an effective manner. On account of the non disposal of the waste in a scientific manner resulted in air as well as water pollution in that area affecting the health of the people including children who were studying in the nearby schools. The pathetic condition of the dump yard was exhibited in several newspapers.
4. So, the applicants filed the above said Writ Petition seeking the following reliefs:-
(i) Call for the records relating to the establishment of the Waste treatment plant at Sakthikulangara and all sanctions relating to the same;
(ii) Issue a writ of mandamus restraining the fourth respondent from establishing and operating a garbage treatment plant anywhere near the petitioners temples and the residences in the locality;
(iii) Direct the court respondent to comply with all statically, statutory sanctions before operating or functioning of the garbage treatment plant and to ensure that the same does not in any manner affect the health of the people in the area;
(iv) Direct the first respondent to conduct an inquiry as to whether establishment of the treatment plant in the area is in accordance with law and if not take appropriate action against those responsible for having said that the same in accordance with law;
(v) Issue such other writ on to our that action that this Hon. Court may be pleased to and in the facts and circumstances of the case;
And;
(vi) Award cost of this petition.
5. The O.A. No. 456 of 2013 [WP(C) 1367/2011] was filed by the applicants alleging more or less the same allegation made by the applicants in O.A.No.439 of 2013.
6. It was also alleged therein that
