Kerala High Court vacates stay on NGT directions to Cochin Corporation after Brahmapuram fire

Kerala High Court vacates stay on NGT directions to Cochin Corporation after Brahmapuram fire

The green tribunal had imposed a fine of Rs.1 crore

The Kerala High Court has vacated the stay it granted on the directions of the National Green Tribunal (NGT) to Cochin Corporation. It was done in view of the fire that erupted at Kochi’s Brahmapuram waste dumping yard.

In 2018, the NGT had imposed a fine of Rs.1 crore on Cochin Corporation for its delay in setting up a solid waste treatment plant at Brahmapuram, in accordance with the Solid Waste Management (SWM) Rules, 2016.

The division bench comprising Justice S.V. Bhatti and Justice Basant Balaji passed the order on noting the report submitted by the high-level committee constituted by the court. The committee indicated several deficiencies and shortfalls in implementing the Waste Management Rules.

While stating that the Corporation was not entitled to have the benefit of the stay, the court ruled, "There is consensus that the site cannot be measured as a facility from any perspective under the Solid Waste Management Rules, 2016. The basic requirements for handling solid waste upon site delivery are unavailable.”

The bench held that the Corporation should not be allowed to take advantage of its failure to discharge its obligations. However, to gain momentum on the NGT directions, the stay granted by the court needed to be vacated.

While considering the plea of the Corporation challenging the fine imposed by NGT, the court orally remarked that the appropriate forum to challenge such an order under the NGT Act was the Supreme Court. Thus, the plea was dismissed.