ORDER

1. As per order dated 24.01.2020, after considering the pleadings, this Tribunal had constituted a Joint Committee to go into the issue and submit a report. The Chairman, State Level Monitoring Committee was also directed to supervise and submit an independent report regarding the progress of the work to this Tribunal. Thereafter, this Tribunal had considered the matter on 10.08.2020, where this Tribunal had considered the report dated 05.08.2020 submitted by the Chairman, State Level Monitoring Committee, Kerala which was extracted in Para 3 of the order and thereafter, passed the following order:-

“The suggestions given by the Chairman of the State Level Monitoring Committee, which the local bodies are bound to follow and compliance of the same has to be monitored by the State Pollution Control Board and if there is any violation, they are directed to impose environment compensation, as directed by the Principal Bench of the National Green Tribunal, New Delhi in O.A.No.606 of 2018. The Irrigation Department is also directed to implement suggestions given by the State Level Monitoring Committee. The respective local bodies are directed to submit their status report regarding the steps taken by them for remedying the situation caused to the disputed water body in question to avoid pollution being caused to the same. The regulating authority viz., Pollution Control Board is also directed to submit independent report regarding the steps taken by them for strict compliance of the Solid Waste Management Rules, 2016 in the local bodies whose failure are affecting the river in question.

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The District Collector is also directed to submit an independent report, apart from filing a report along with the committee, as the Chairman of the committee, regarding the steps taken by him as District Magistrate, under the provisions of the Solid Waste Management Rules, 2016 against the erring local bodies and also the steps taken by him to make those erring local bodies to implement the Rules strictly in their area of jurisdiction.

The Registry is directed to communicate this order to the respective committee members and also to the local bodies, arrayed as parties in this case, through e-mail immediately so as to enable them to submit their independent status report regarding implementation and steps taken to remedy the situation to protect the water body. They are directed to submit the report on or before 28.10.2020.”

2. The case was posted to 28.10.2020 for consideration of report and thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was posted to today by notification dated 22.01.2021.

3. When the matter came up for hearing today through Video Conference, Mr. G. Stanley Hebzon Singh represented the applicant. Ms. Rukmani represented M/s. S. Sree Kumar Associates, the learned counsel for respondents 2 to 4 & 6, Mrs. Bindu C.G. represented 5^th respondent, Mr. E.K. Kumaresan through Mr. John Alexander represented respondents 7, 9, 10, 12 to 16 and Mrs. V.K. Rema Smrithi through Ms. Niveditha S Menon represented 11^th respondent.

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I.A. No.99/2020 and I.A. No.109/2020:-

4. These two applications have been filed by the Vineyard Meadows ssociation and a farmer who are supposed to be Vafiflelac teOdw bnye rsin’ -A action on the part of the authorities in preventing pollution being caused to the Konothupuzha River which is subject matter in this case respectively. The applicant in I.A. No.109/2020 has of Kerala by filing Writ Petitaiopnp raosa Wch.Ped. ( Cth) eN oHso.3n7’b6l6e5 /H2ig0h1 7C aonudr tthat was considered along with WP.No.40595/2017 and these two Writ Petitions were disposed odfi rbeyc ttihneg Hthoen ’wblrei tH pigehti tCioounretr sb yt oC oamppmrooanc Jhu dthgims eTnrti bduanteadl f2o0r. 0s8e.e2k0i2n0g appropriate reliefs.

5. Since, we have already taken cognizance of the issue and directions are being issued, we feel that in view of the liberty given by the pplicant in I.A. No.109/2