The Kochi Municipal Corporation has been ordered to pay an environmental penalty of Rs 100 crore by the National Green Tribunal’s (NGT) Principle Bench for poor garbage management which led to a major fire on March 2 at Kochi’s Brahmapuram trash disposal yard. The fire resulted in severe air pollution in the city of Kochi for about two weeks at the beginning of this month.
The decision was delivered in response to the Supreme Court’s observations, that the State of Kerala and its officials were an ‘utter failure’ and routinely flouted the law regarding solid waste management. The civic body has been asked to deposit the money with the Chief Secretary in a month for necessary remediation measures, including dealing with the public health issues of the victims.
A bench headed by Justice A K Goyal put the onus on the State Government after taking up the case voluntarily based on media reports. The media reported that a massive environmental emergency was brought on by the fire at the Brahmapuram waste dump site as a result of the state authorities’ abject inability to carry out their fundamental obligations to maintain a pollution free environment.
The tribunal held the Kerala government responsible for the fire, the delay in putting it out, and the resultant threat to public health.
Fire at Brahmapuram waste plant
On March 2, a massive fire broke out at the Brahmapuram waste facility, and as a result, the air quality in the port city and the other districts deteriorated as they were shrouded in a thick envelope of smoke. Locals in the region reported many issues, including breathing difficulties, dry coughs, discomfort, and dry eyes as the smoke proceeded to cover the entire town. Toxic fumes contaminated many adjacent areas.
On March 5, as massive and dense clouds of toxic smoke billowed from the site and blanketed the city, the district government of Ernakulam issued a holiday for students in all schools in regions under the Kochi corporation and the neighbouring municipalities and village panchayats.
Amid complaints of breathing difficulties and dry eyes by residents, the local administration advised people to remain indoors and use N-95 masks when they step out.
Supreme Court’s comments
The Bench said, “It is self-evident that good governance in the matter of waste management is being neglected for a long time to the detriment of the environment and public health and no one has taken moral responsibility for the gross failure of rule of law and damage to public health. It is difficult to understand what is the value of citizens’ right to life and safety with such an attitude of total neglect by authorities in Government. This calls for soul searching and also high-level inquiry to determine culpability in the larger public interest.”
“No accountability for such serious failure has been fixed and no senior person has been held accountable so far. Except for giving future plans, no fixing of accountability is proposed even now which is a matter of regret. No prosecution has been launched against the guilty for criminal offences under the Environment (Protection) Act, 1986 and also under relevant provisions of IPC nor action taken for violation of the Supreme Court orders,” it added.
The court noted that the state’s authorities’ conduct poses a danger to the rule of law. In order to protect the Constitution and the objectives of environmental law, the Bench expressed optimism that the matter would be resolved at the higher levels of the State, such as the DGP and the Chief Secretary.
Court instructed the Chief Secretary of Kerala to determine who is responsible for such egregious errors, start criminal and departmental investigations using the proper procedures, and make the information public within two months.
Kochi Corporation to appeal against the decision
Mayor of Kochi City Adv. M. Anilkumar affirmed that an appeal will be filed against the NGT fine because the corporation lacks the financial resources to pay the fine. The panel hasn’t heard the corporation’s in-depth arguments, he continued. He added that the company would carry with all directives given by NGT, including addressing health issues.
Tony Chammani, the former mayor, deemed the NGT ruling to be exceedingly regrettable. The municipality would come to a standstill as a result of this liability, he warned.
The tribunal had been briefed by the State Government on the actions taken to put out the fire. The State Government’s attorney claimed, that while the Kerala High Court voluntarily brought a case against the government regarding the issue, the tribunal should not file a parallel case against the government. The bench retorted that they are not meddling with the High Court’s processes.
Kerala High Court findings
A committee consisting of the Ernakulam district collector and top officials of various departments, including the local self-government, the state pollution control board, Kochi corporation, and the district legal services authority was constituted by the Kerala High Court.
The committee found, that the Brahmapuram waste treatment facility did not adhere to the 2016 Solid Waste Management Regulations. According to its report, a major piece of a building has already collapsed and been removed from the site. It revealed, that the site’s existing building is in a poor state and might collapse at any time.
Operating without license
Since 2017, the civic organisation has operated the plant without a licence, according to sources with the pollution control board. The Kochi civic body was also slammed by the fire department for failing to provide the bare minimum in terms of facilities to prevent fire accidents at the landfill. The corporation was given a show-cause notice and fined Rs. 1.8 crore by the state pollution board.
Opposition and public backlash
As the CM rose to address the Legislature about the Brahmapuram fire, opposition MLAs in the assembly staged a walkout. In addition, people assembled in front of the Kerala Assembly Speaker’s office to demonstrate against the violation of their rights. They stated that they had been harassed by security personnel at the congressional complex.
Netizens denounced the government for the occurrence and demanded the adoption of stringent regulations. They also charged the ruling CPI(M) administration for staying mute on the issue and claimed that not a single leader had spoken out against the poor management.
Netizens referred to Kerala as ‘God’s own trash,’ which was derived from ‘God’s own country,’ a popular appellation of the state.
Kerala CM Pinarayi Vijayan’s statement
While addressing the state Assembly on March 15, CM Vijayan said, “a Special Investigation Team of the State police will investigate the case registered related to the Brahmapuram fire. A vigilance inquiry will also be conducted into the cause of the fire and the proceedings of the plant right from the time of its inception.”
He declared, that the Brahmapuram fire had been totally extinguished on March 13 and that no inhabitants had suffered any significant health problems as a result of the incident. “The State government, district administration, and the Kochi Corporation worked on a war footing to control the fire.”
