"Entire Area Stinks": Kerala High Court Concerned Over Management Of Waste Collection Points, Says They Can't Become Dump Yards

The Special Bench of Justices Bechu Kurian Thomas and Gopinath P. questioned about the status of waste clearing in SA Road in Ernakulam district. The manner and frequency of waste collection in the city was also inquired about. The special bench was constituted to monitor the waste management in the State.

When the matter came up for consideration, the Court orally remarked that it can see that waste is not being removed every day in many areas and that it is the obligation of the local authorities to see to it, not the Court's or the amici curiae's. 

“Collection points are turning out to be another dump yard…even after you remove the bags, the entire area stinks, especially in the rainy season…How can it be managed?” the Bench orally asked, referring to the waste dumping in Panampilly Nagar area in Ernakulam district.

Smt. Anupama T.V., the Special Secretary to Local Self Government Department, who was also present during the proceedings, appraised the Court about the steps being taken. She stated that an action plan has been submitted before the district collector in the meeting chaired by the Chief Secretary.

She also mentioned that a meeting was held on 28th June and the Kudumbasree was entrusted with the setting up of facilitation centres. She told the Court that in the upcoming meeting, the Industries Department would also be attending and there would be discussion about how to promote the industries, which can come up with alternatives. She stated that an additional report about the same would be filed before the Court.

The Court then turned  to the issue of waste management in trains and railway station. It orally expressed the need to look into how waste is collected inside the trains and how it is managed after reaching the destination stations.

It orally noted that the IRCTC, which works with the Railways and makes a huge margin of profits, can also be made responsible for the waste management. The Court opined that it is not fair to impose obligations on State agencies when the entities creating the waste are making profits out of the waste creation process.

During the course of the proceedings, M/s. Geocel Industries, an entity engaged in the manufacture of PET bottles, represented by Senior Counsel Santhosh Mathew, sought impleadment to challenge the order passed by Special Bench banning the use and sale of single-use plastics in the State.

It was also submitted that the entity would prefer a review of the aforesaid order as the same was made "in excess" of the scope of judicial review.

The Bench however orally observed that the order was passed in exercise of the constitutional powers granted to it. Though there are statutory laws and rules, the constitutional obligation would require the Court to look into the shortcomings of these rules as well, it orally observed.

Subsequently, the Bench said that it would consider the impleadment during the next posting after hearing the objection of the State as well.

The matter is posted to August 8 for further consideration.

Case No: WP (C) 7844/2023

Case Title: Suo Motu v. State of Kerala