Disposed

Chandran Pillai N v. the Secretary

NGT5 Jul 2022Original Application No. 439/2013

Case brief

AI extract

What is this about?

The NGT confirmed forfeiture of Rs.1 Crore as environmental compensation due to delay in legacy waste disposal. The corporation was directed to expedite bio-mining, implement SWM Rules, and obtain clearances for a Waste-to-Energy plant near Ashtamudi Lake.

What did the court decide?

Forfeiture of Rs.1 Crore as environmental compensation; directions for bio-mining legacy waste, implementing SWM Rules, and monitoring by regulators.

Chandran Pillai N vs the Secretary — Writ and Judicial Review | NGT (2022)

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Item No.1 & 2:-

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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(Through Video Conference)

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Original Application No.439 of 2013(SZ) (THC) (W.P.(C) No.3637/2012) WITH

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Original Application No.456 of 2013(SZ)

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(THC) (W.P. (C) No.1367/2011)

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IN THE MATTER OF:

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1. Chandran Pillai N Aged 50 years S/o. Narayanan Pillai Kulathin Tinttackizhakkathil, Kureepuzha, Kavabadu Post, Kollam.

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2. S. Ravikumar Aged 49 years S/o. Sasidharan Pillai Palakkattukizhakkathil Veedu, Kureepuzha, Kavanadu Post, Kollam 691 003. … Applicant(s)

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Versus

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1. Union of India Ministry of Environment, Government of India Represented by its Secretary. Pin: 110 009.

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2. State of Kerala Represented by the Secretary, Local Self Government Department, Government of Kerala, Trivandrum – 695 001.

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3. The Environmental Engineer, Pollution Control Board, District Office, Kadappakada Pin: 691 013.

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4. The Corporation of Kollam Represented by its Secretary Kollam – 691 001.

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5. The District Collector, Kollam – 691 013.

…Respondent(s)

WITH

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1. Manushyavakasha Paristhithi Samarakshana Samithy Regn. No.Q 22/11, Kureepuzha, Kavanadu Post, Kollam – 3, Represented by its Secretary - Mr. Manalli K. Santhosh

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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.

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3. Kiran P Shah “Kalika”, Kureepuzha, Kavanadu Post Kollam – 3.

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4. Sahadevan Kochuveettil Kizhakethil, Kureepuzha, Kavanadu Post, Kollam – 3.

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5. Prithiviraj N “Rajalayam”, Kureepuzha, Kavanadu Post, Kollam – 3.

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6. Sanalkumar “Gokulam”, Kureepuzha, Kavanadu Post, Kollam – 3.

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7. Sreekumar Vadakke Marakazhayath Kureepuzha, Kavanadu Post, Kollam – 3.

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…Applicant(s)

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Versus

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1. Union of India Ministry of Environment Government of India, Rep. by its Secretary New Delhi – 110 009.

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2. State of Kerala Represented by the Secretary Local Self Government Department, Government of Kerala, Thiruvananthapuram – 695 001.

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3. The Environmental Engineer Pollution Control Board District Office, Kadappakada, Kollam.

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4. The Corporation of Kollam Represented by its Secretary, Kollam.

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5. The District Collector Kollam.

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6. The Inland Navigation Water Authority Represented by the Secretary, Central Inland Navigation, New Delhi.

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7. The Secretary Corporation of Kollam, Kollam. …Respondent(s)

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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.

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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.

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Judgment Reserved on: 21^st April 2022. Judgment Pronounced on: 05^th July 2022. CORAM :

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HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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Whether the Judgement is allowed to be published on the Internet – Yes.

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Whether the Judgement is to be published in the All India NGT Reporter – Yes.

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JUDGMENT

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Delivered by Justice K. Ramakrishnan, Judicial Member

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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.

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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.

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3. The 1^st applicant was the Secretary of “Thevarkavu Sree Mahavishnu” Temple, Kureepuzha, Kollam and 2^nd Applicant was the Secretary of “Vattamana Durga” Temple, Kollam. There is another famous temple by

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name Sakthikulangara Temple “Arattukulam” situated by the side of the temple represented by the 2^nd 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.

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4. So, the applicants filed the above said Writ Petition seeking the following reliefs:-

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(i) Call for the records relating to the establishment of the Waste treatment plant at Sakthikulangara and all sanctions relating to the same;

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(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;

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(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;

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(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;

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(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;

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(vi) Award cost of this petition.

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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.

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6. It was also alleged therein that the dump yard is situated very near to two famous temples and there are schools situated within the distance of 50 meters apart from Anganvadi and Health Centres. There are lot of houses situated within that area. They are not following the procedure provided under the Waste Management Rules of 1999 which was later superseded

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by 2000 and 2016, Rules. On account of the improper management of dump yard, untold hardship is being caused to the people in the locality including health hazards. They have produced certain documents to show the importance of Ashtamudi Lake which is declared as Ramsar Wetland under the then Wetland Rules, 2010.

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7. They have also produced certain documents in respect of earlier proceedings namely W.P. 26487/2011 and in that case a Committee was constituted headed by then District Judge, Kollam along with the relevant Heads of the Department and directed the Committee to go into the question regarding the grievances and remedial measures and they have also produced the report submitted by the Committee headed by the then District Judge, Kollam, considering the location of the area and also the manner in which it is being handled and the difficulty that is being caused to the local people on account of the same, the Committee made the following conclusion:

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“Conclusion:

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Every day we learn about conspicuous achievements in science, technology and culture about man‟s latest successes in his age-old struggle to master nature and expand human personality. Once a fairy tale, space flights to other planets and the extensive use of laser have became a reality in our time. Man has invented powerful and highly sophisticated machines and synthesised new type of high-strength materials not found in nature which posed new challenges in the modern era. All these achievements have opened unheard of possibilities for raising people living standard and achieving a happy life for the generations. When technologies are at finger tips, no public body wants to grapple with millions of tonnes of waste dumped in prime land, polluting the water, air and land threatening to intensify. Therefore the corporation will find a solution to tackle the ever increasing stack of waste by installing a sophisticated waste disposal unit as a win-win sollutio by slecting another suitable and ideal plot outside the city which will never harm the general public. It is the onus of the corporation to identify the land on the city‟s outskirts for a treatment plant. Shut down the existing plant for ever will not in any way cause a great financial loss to the corporation since the value of the land where the plant now exist will fetch a comfortable gain.

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The awareness that we are not the masters of the universe but just one of the incalculable living things in it and that the earth belongs not just for today it is for future generation and that it is our paramount duty to preserve, conserve and protect it for granting it to the generations to come, has to gleam the minds of each and everyone of us and be our guiding spirit in this modern consumer society.”

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8. Since no effective action were taken, they filed this application seeking

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the following reliefs:

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(i) To declare that the functioning of the garbage treatment plant located in Sakthikulangara village in a place known as Kureepuzha Cheriyil, is violative of Article 21 of the Constitution of India and also contrary to the statutory rules.

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(ii) To issue a Writ of Mandamus forbearing the respondents from permitting functioning of the garbage treatment plant located in Sakthikulangara village in a

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place known as Kureepuzha Cheriyil, which is causing serious health hazards to the residents of the locality particularly the small children.

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(iii) To issue a Writ of Mandamus commanding the Corporation of Kollam to locate another uninhabited area within the Kollam Corporation to set up the garbage treatment plant after taking all precautions and complying with all the relevant rules.

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(iv) To issue a Writ of Mandamus restraining the District Collector, Kollam

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from acquiring any more lands in the vicinity of the existing plant in Kureepuzha Cheriyil for the purpose of the said plant.

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(v) To issue such other writs, orders or directions as this Hon‟ble Court may

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deem fit and proper in the circumstances of the case.”

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9. The Pollution Control Board filed counter affidavit in both the cases more or less raising the same contentions. The Board issued authorization for setting up waste processing and disposing facility including landfills after receipt of application from the local authority or the operating facilities as per rule 6(2) of the Municipal Solid Waste (Management and Handling) Rules, 1999. They were also monitoring the compliance of standard regarding the ground water and the leachate quality and compost quality as specified in Schedule 2, 3 and 4 of the above said rules. The Kollam Municipal Corporation applied for authorization for establishment of their waste processing plant at Kureepuzha, vide application dated 26.08.2008 as per the design of the waste processing plant and the layout submitted along with the application that will be with minimum distance of 20 meters from the northern boundary of additional procured land for location of these processing plant. The officials of the board after conducting the statutory inspections conducted on 29.07.2008 issued authorization to the 4^th Respondent with validity upto 30.12.2000 to set up and operate facility for processing of 40 tonnes of Municipal Solid Waste per day in the treatment plant on the terms and conditions attached to the authorization evidenced by Annexure R3-C produced along with the counter. During statutory inspection conducted at the site before recommending the issue of authorization to the member secretary of the Board, 3^rd Respondent has observed that the proposed facility was going to be installed at a distance of about 50 meters from the nearest dwelling house but contrary to the proposal submitted and got approved by the board, the plant was constructed at a distance less than 50 meters from the nearest dwelling house. The close proximity of the dwelling house may be one of the reasons for this application. As per the application submitted there will be a compound wall of 6 meter height

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and about 2 kilometer long fencing all along the site boundary but actually the height of the compound wall provided was only half of that. Due to the inadequate height of the compound wall and the proximity of the waste processing plant to the dwelling houses, the people were experiencing nasty smell, nuisance of fly and insects and other pollution problems. They were also expected to provide 3 meter wide green cover with 3 rows of trees all around the site and landscape near waste reception centre and compost plant will be provided while commencing the plant in December 2010. The 4^th respondent failed to fulfil this condition also which was shown as general condition No.1.6 of authorisation but they did not provide the green belt as required. The waste processing plant was completed only when the construction of the windrow composting, vermin composting, sanitary land fill and leachate treatment plant were completed and operated. The plant was commissioned in December 2010, before completing the construction of the landfill and leachate treatment plant. Since no segregation was practiced before transporting the waste to the Kureepuzha Plant, more than 80% of the waste brought in vehicles was to be dumped in the old landfill which is being maintained by the 4^th respondent for more than 50 years. This portion contained bio degradable waste also. That waste dumped without the required cover of soil created chances for polluting ground water in that area. A study conducted by 3^rd respondent office in 2008 had indicated that the seepage from the dumping yard had polluted the ground water of the surrounding area. The dissolved oxygen level was found to be very low. BOD was also high as 6 mg per litre whereas as per drinking water standard BOD should be nil. Phenolic compound were also deducted in the ground water samples. The Coliform bacteria found was also high. After the commissioning of the windrow composting plant in December 2010, the corporation was continuing with the practice of dumping unsegregated waste in the dump yard which is not scientifically constructed. The ground water table in that area was found to be only about 1.5 metre during rainy season. So, there was possibility of leachate generated in the dump yard, polluting the nearby drinking water sources and causing health problem to the people in that locality. They have not provided necessary cover to the sheds, which

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creates access to the birds to remove the unsegregated dump waste. The bio fertilizer unit was installed very close between the northern boundary and windrow composting area. Thus the inadequate distance between the waste processing area and habitation, inadequacy in covering of the compost area causes spreading of smell. Open installation of processing plant providing compound wall with inadequate height not providing green belt have contributed to the pollution problems experienced by the local people. The board had instructed the corporation to raise the compound wall, provide necessary enclosures to the rotary sieves attached to the bio fertiliser plant, etc. Though an application for consent to operate was submitted, the same has not been considered by the Board, as the Corporation has not complied with the conditions imposed for the following reasons:- “The Board issues authorization for setting up waste processing and disposal facility including landfills, after receipt of application from the Local Authority or the operator of the facility in Form 1 as per Section 6(2) of the Municipal Solid Waste (Management & Handling) Rules, 1999. The Board also monitor the compliance of the standards regarding ground water, ambient air, leachate quality and the compost quality as specified under Schedule II,III & IV of the above Rules. ” If the Corporation found practical difficulty in adopting any of the above mentioned measures other than the pollution control measures, the District Collector who is having the overall responsibility for the enforcement of provisions of MSW Rules, 1999 had to acquire more land so as to maintain safer distance of the treatment plant from habitations and ensure pollution free operation of the waste processing facility. In view of the public protest against locating the site for leachate treatment plant in the location set out by Kerala Sustainable Urban Development Project, a committee was constituted in the meeting convened in the chamber of the District Collector for locating an alternate site for leachate treatment plant. The site was visited by the committee on 18.02.2012 but the location could not be fixed due to the protest from some of the committee members. As per the directions of the High Court in WPC No. 26487/2011, the dumping area and the surrounding area was visited on 09.04.2012 and the observations and compliance with reference to the submissions made by the 3^rd Respondent was tabulated as below:

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Sl.N o.	Suggestions	Observations	Whether complying or not	Remarks
1.	Reduce quantity of organic/bio degradable waste brought to Kureepuzha by promoting installation of biogas plants for every house hold and by strictly enforcing licensing mechanism so that no shop/hotel/auditorium is functioning without providing facility for organic waste disposal	The quantity of waste brought to Kureepuzha had been reduced from 70 tonnes per day to 30 tonnes/day. Most of the waste brought is organic/biodegradable in a nature and was dumped over the existing land fill. Red earth is put on the waste every day. The Corporation has initiated steps for installation of household biogasplants.	Partially complied
2	Adhere strictly to MSW Rules to ensure segregation of waste at source	Segregations of waste at sourced not yet started.	Not complied
3	. Windrow Compost Plant a) Construct wind	Not constructed	Not complied	Construction of wind breaking wall was
	breaking wall upto a height of 10m along the boundary of windrow compost plant and sanitary land fill being constructed.			suggested to ensure that the people livingin the nearby area are not affected by foul smell from the windrow compost plant. The enclosure
				rovided for the shed is not
				p enough to contain foul smell. So, it is very essential that the
				Corporation shall adopt
				the measure of constructing wind breaking wall before starting the windrow
				compostplant
	b) Shift rotary sieve attached to the bio	The area enclosed with G1 sheets	Complying	.
	fertilizer segregation unit from the present
	location to an enclosed area			The capping has to be given top priority as the
	c) Ensure usage of inoculam or effective micro organisms over the waste for odour	Started using inoculam	step adequate to comply	waste dumping had been unscientific and leachate from the dump site is spreading to surrounding
	control and faster degradation			area. Moreover the Coastal Zone Regulation
	d) Till the commissioning of leachate treatment plant, the leacahte shall be resued for sprinkling over windrows.	Arrangement made	Complying	Authority have objected to the practice of waste dumping there.
	e)Ca the alread dumed	Not started	Not
	p y p waste		complied
4	Bring the organic/bio degradable waste and inert/no biodegradable waste separately to Kureepuzha	The waste presently brought to the yard for dumping in the old landfill is organic/bio degradable in nature	Complying partially	There is no other alternative for the Corporation as the windrow compost plant is yet to start functioning. But it is a violation according to Rules.

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10. It is further contended that the 4^th Respondent had to stop the construction of leachate treatment plant and sanitary landfill for disposal of the inert and non biodegradable waste that was about 90% complete due to the prohibition order issued by the Coastal Regulatory Zone Authority and due to that further construction was stopped. Alternate location for land fill is yet to be identified by the Corporation. Due to the non functioning of the plants due to public protest, no waste is processed or brought into the dump yard at Kureepuzha. The present method of disposal is only by burying and burning at various places unscientifically. The Corporation has to adopt measure for constructing wind breaking wall before starting windrow composting unit. Board had directed them to provide forced aeration for compositing and install a bio filter to resolve the odour pollution. By virtue of the prohibitions made by the Coastal Regulatory Zone Authority as the construction falls within 100 meters from the Ashtamudi lake, they could not proceed with the further construction. They prayed for accepting their contentions and passing appropriate orders.

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11. The Kollam Municipal Corporation filed an additional counter affidavit raising similar contention in both the cases and they denied the allegation that Kollam Municipal Corporation is illegally operating the garbage treatment plant in violation of the legal provisions as alleged in the application. From time immemorial the Quilon municipality (now Kollam Corporation) was possessing an extent of nearly 4 acres of land which was used for disposal of waste. This was used as Night Soil disposal and Municipal Solid Waste Treatment Plant even during British period. An imported plant and machinery used in the night soil treatment system was functional and disposed of only in the year 1982, when the scavenging activities were totally stopped and the entire area thereafter exclusively used for dumping Municipal solid waste for the last more than 50 years. There were no inhabitants near the area at the time when it was established. Thereafter several residential buildings were constructed by purchasing lands around the area for negligible price. Due to rapid urbanization process the availability of land in the Corporation limit is

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very low. A group of real estate businessmen have procured land from the settlers and they have resorted to encourage unrest and resentment among the local people so as to create hostility towards the corporation with a view to stopping and removing the Waste Management Plant from the locality. Almost all waste treatment plants are located in one way or another as exists in Kollam Municipal Corporation. In the year 2007, with growing demand for large waste disposal requirement, the Corporation acquired 13.82 acres of land adjoining to the above said already existing waste treatment facility. Now the total area is 18.32 acres. They spent nearly Rs.6,30,00,000/- for acquisition of land for establishment of a modern Solid Waste Disposal Plant. The allegation in the application was that they are trying to start a new plant in that area suppressing the fact that such facility was in existence long ago and they are going to only modernise the same. Altogether 157 numbers of land owners were shortlisted and negotiated for taking over. An empowered committee for fast track project was constituted under the chairmanship of Kollam District Collector including the Worshipful Mayor, office bearers of various citizen forum and residents associations. After many rounds of deliberations the final package was approved by the parties and 152 members out of 157 handed over the land to the Corporation accepting the approved package. Five of the identified land owners including the 2^nd applicant herein refused to hand over their holdings to the corporation and are perpetuating all sort of blockage against the corporation from establishing the solid waste treatment system. One Sri R. Placid one among the descending member of the group filed WPC No.37245/2008 before the Hon’ble High Court of Kerala which was disposed of by the Hon’ble High Court vide its order dated 17.12.2008. Since the parties were not amenable for any of the proposal of the Corporation, Corporation has no other option except to proceed with the establishment of the plant in a total extent of 17.5 acres of land available. The Corporation has already spent nearly 10 Crores of borrowed money for establishing the composed plant including the Treatment Plant, land fill and infrastructure, the entire area properly walled except a small portion where the properties expected to acquire or situated and the acquisition proceedings are in the final stage. The plant and machinery

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established had already undergone pilot run and partial composting was started from 01.12.2010. When the windrowing of the Solid Waste was started for test production of compost manure, the inhabitants including the second applicant started resistance and did not allow the contractor to fulfil its test run stipulated as per contractual agreements. After acquiring the above said extra land in the year 2010, the Corporation installed a windrow compost plant capable of converting solid waste into manure @ 40 tonnes of waste per day adjoining to the said windrow compost plant, a Leachate Treatment Plant is also being constructed. They had spent Rs.4 Crore 79 Lakhs for installing the windrow compost plant. The Leachate Treatment Plant which is being built would cost the Corporation Rs.2 Crores 88 Lakhs. Further a landfill site also is constructed to deposit the rejects from the windrow compost plant. The said construction will cost Rs.2 Crores 2 lakhs. Thus, a total amount of Rs.15 Crores 99 Lakhs was proposed to be spent by the Corporation for this purpose. As per Rule 4 of the Municipal Solid Waste (Management and Handling) Rules, 2000, every Municipal Authority shall be responsible for implementation of the Provisions of the Rules and for infrastructure development for collection, storage, segregation, transportation processing and disposal of Municipal Solid Waste. The Windrow Composting Plant, the Leachate Treatment plant and land fill is being constructed strictly as stipulated under the Municipal Solid Waste (Management and Handling) Rules, 2000. The said amount for establishment of this unit was met through the ADB (Asian Development Bank) to the Government of Kerala as part of Kerala Sustainable Urban Development Project Scheme. The waste disposal vehicles of the Corporation transmit the waste collected every day to be deposited in the above said Waste Treatment Site/Plant. However, most of the days it has become a common practice for the general public who are residing adjacent to the area to collect themselves together and in common physically object the waste disposal vehicles entering into the site and thus prevent operation disposal of the waste. Even though Corporation has sought the police protection, adequate protection was not given to the Corporation from the part of the Government due to various reasons. The Corporation had approached the Hon’ble High Court and even obtained a direction for police protection, but are no

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consequence. Due to this outrageous activity, the plant is idling for the last several years and the contractor is pressurizing the Corporation to fulfil the contractual liability. The Corporation has already obtained consent to establish for the Solid Waste Management System from the Pollution Control Board and it is valid upto December 2011. The Plant was established under the authorization of the Pollution Control Board adhering to all the stipulations and directions of the Pollution Control Board. In addition to the consent to establish, the Corporation also applied for authorization from the Kerala State Pollution Control Board under Rule 4(2) of the Municipal Solid Waste (Management and Handling) Rules, 2000 and authorization was granted under Rule 6(3) of the said rules. On the expiry of the consent to establish, the Corporation applied for its renewal on 18.11.2011, Clearance under CRZ Notification was also obtained for construction of the Plant from the Kerala State Coastal Zone Management Authority vide letter No.2287/83/11/KCMZMB/SNTD dated 28.04.2012 even though number of houses and the residents have increased recently, temples in the area has existing long back and have never experienced any difficulties due to the existence of the dump yard or plant. Only certain residents including the second applicant were trying to stop the functioning of the plant and allowing pollution from the already dumped site to perpetrate. Their attempt is only to disturb and maline the positive measures taken by the Corporation by solving a major issue in discharging its constitutional obligation. Piling and Dumping of Municipal Solid Waste will only deteriorate the hygiene and quality of life all around. After much evaluation and studies the Corporation has succeeded in establishing the present system and this is the only way out to keep the street clean. Finding out alternate sites is not at all practical in the State and Municipal Corporation has finalized the present technology after much deliberation and that too at the cost of more than Rs. 50 Crores satisfying all the conditions laid down in the Municipal Solid Waste (Management and Handling) Rules, 2000 and with the authorization and consent of the Kerala Pollution Control Board. So they prayed for accepting their contention and for dismissal of the application.

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12. Various reports were filed by the Pollution Control Board showing the present status of the Waste Management Plant in the disputed site managed by the Kollam Municipal Corporation.

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13. The Committee appointed by the Hon’ble High Court of Kerala in WPC 1085/2009 (Sri R Kumar and others Vs. Municipal Corporation of Kollam and others) after inspecting the area gave following recommendations:-

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Recommendations

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9. The recommendations of the team are given below:

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a. Kollam Municipal Corporation (KMC) shall be directed to apply immediately for consent under the Water (Prevention and Control of Pollution) Act, 1974 to KSPCBH to continue the operation of present facilities as the operation of a slaughter house without valid consent is illegal.

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b. A modern slaughter house having halal and jhatka facilities may be built at the present location or away from the city with proper effluent treatment facilities, biogas plants plant slurry/solid waste handling unit within a period of 18 months. There can be a plant to use biogas in bio-fuel genset(s) for the slaughter house. Till such time, slaughtering may continue at the present location if, KMC ensures slurry removal every day and treatment of its liquid effluent to comply with the norms: i) BOD-30 mg/1; ii) Suspended solids = 100 mg/l; and iii) Oil and grease – 10mg/l). A separate unit for jhatka method of slaughtering would help in stopping illegal slaughtering in the city.

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c. Hygienic conditions are to be maintained in the slaughter house and its premises if permission is given to the slaughter house to function at the present location. Impervious flooring may be provided at the existing site to stop contamination of groundwater and soil. Facility for animal blood collection at the slaughter house may be provide for the using the blood in making manure or raw material for select pharma industry. The slaughter house should be operated as per the guidelines for the modern abattoirs as stipulated by the Kerala State Suchitwa Mission.

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d. Remediation of the site of the present KSH should be undertaken by KMC in case it is planned to close or shift the present facility to some other location.

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e. Residents including the petitioners need to ensure that they do not throw garbage and kitchen waste into the Ashtamudi lake. The KMC shall make arrangements for door to door collection of garbage and kitchen waste and also ensure that residents do not throw these materials to the aquatic ecosystem. The KMC should manage the solid waste and plastic waste of the city as warranted by the Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016 respectively.

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f. The KMC should provide sewerage network in the city of Kollam on a priority basis. The sewerage network may be designed in such a way that existing septic tank of various houses/buildings would be connected with the network, but soak pits would be discontinued. It would reduce the load on the proposed STP and quality of treated sewage would be better. The STP to be planned and constructed by KMC may comply with the norms for BOD: less than 10 mg/l, and suspended solids; less than 10 mg/l after the treatment.

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g. The Victoria Hospital and District Hospital should install and commission a proper effluent treatment plant within a period of 12 months, since funds have been already provided by the Kerala Pollution Control Board.

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h. The MILMA milk plant should improve its effluent treatment plant so that the treated effluent is reused within the plant to the extent possible. This should be ensured within a period of six months. The MILMA should manage its solid waste and plastic waste as per the Solid Waste Management Rules, 2016 and the Plastic Waste Management Rules, 2016 and should not store or throw any of these wastes near the bank of the lake or into the lake.

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i. Tamarind Hotel may be asked to remove the existing heap of solid waste materials found in its backyard and properly maintain the bank of Ashtamudi lake around its boundary. They should also install an effluent treatment plant for treating its effluents before disposal into the lake.

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j. Adventure Park may be asked to immediately stop throwing garbage and garden cuttings into the lake or burning them on the banks of the lake. They should also remove the concrete structures constructed within the water body, sitting on which people eat food items and throw the waste into the wetland.

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k. The repair of vehicles on the roadside may be stopped by the local authorities. All workshops should provide oil and grease trap and should dispose of the waste oil as per the Hazardous Waste Rules, 2016.

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l. The slaughtering fee may be enhanced to three times to meet the O&M cost of the slaughter house. Fee may be linked to the Price-index and should be reviewed every year.

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The effect of this increase in fee on the consumer would be negligible.

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m. Strict instructions may be issued to the local administration as well as the revenue department for removing the encroachment into the lake.

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n. Census of house boats, motor boats and ferry boats may be undertaken and every boat may be checked for the sewage collection facility by KSPCB. Lease rent may be charged from the house boat owners.

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o. State Lake Wetland Regulatory Authority may be made functional and held responsible for the upkeep of lakes and wetlands of Kerala including the Ashtamudi lake. The shift in the ecological character of the wetland needs to be assessed in the light of the management plans being developed for the wetland. Enforcement of Wetlands (Conservation & Management) Rules of 2010 may be ensured by the State Wetland Authority Kerala (SWAK).

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p. Local Authorities in Kollam may approach through Government of Kerala the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) scheme of the Central Government for city sewerage network, sewage treatment plant, and National Plan for Conservation of Aquatic Ecosystem (NPCA) for conservation and management of the Ashtamudi lake by preparing a comprehensive proposal as per their Guidelines. However, the Utilization Certificate for the funds released earlier in 2011-12 under the NPCA scheme, which are pending for a long time, would need to be submitted.

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q. The Kollam Municipality may access Clean India Mission funds to improve the municipal solid waste management in Kollam city so as to conserve the Ashtamudi lake and other ecosystems.

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r. Do‟s and Don‟ts for tourists should be developed in English, French, Malayalam and Hindi and made available to all house boat owners for compliance. House boat owners should be sensitized on the ecological significance of this Ramsar site. Control measures may be imposed to prevent wanton tourism practices in the estuary and also the over-use of mechanized boats. Unauthorized dredging is to be stopped.

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s. Signboards may be placed at various prominent places, such as at the Railway Station, Inter-State Bus Stand, Port, Kollam beach, DTPC Jetti Point, etc. to create awareness and ensure public participation in the conservation venture of lake.

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t. Mass awareness programmes may be organized in local schools and colleges for ensuring student participation in the conservation of Ashtamudi lake.

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u. The KSPCB should closely monitor all industries, hotels, boats, workshops, etc. which contribute to water pollution especially that of the Ashtamudi wetland. It should be ensured that all such units comply with the consent standards.”

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10. The Tribunal also considered the various reports filed by the Pollution Control Board and the Corporation regarding the implementation of Municipal Solid Waste (Management and Handling) Rules, 2000 within Kollam Jurisdiction.

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11. Since the Tribunal was not functioning for some time for want of Members, the matters had been transferred to Principal Bench where it was renumbered as OA No.515/2018 and 516/2018 respectively. As per order dated 24.09.2018, the Principal Bench directed the Kollam Municipal Corporation to strictly adhere to Clause-J Schedule-1 of Solid Waste Management Rules, 2016 in respect of dealing with legacy waste and they were directed to file a detailed report with time bound action plan for disposal of the legacy waste in that area. The Tribunal also directed the Kollam Municipal Corporation and the Pollution Control Board to file their respective reports regarding the steps taken for disposal of legacy waste accumulated in that area.

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12. Again the matter was taken up on 29.10.2018, the Tribunal considered the submission made by the Counsel for State of Kerala and Kollam Municipal Corporation, that they have identified 2.85 acres for establishment of Integrated Solid Waste Management Plant at Kureepuzha but the Counsel for applicants informed that that place is nothing but the present disputed place and it is not suitable for establishment of the Integrated Solid Waste Management Plant in that area. So, the Tribunal directed them to identify a suitable land and also submit a action plan and directed to furnish a performance guarantee of Rs.2 Crores with Kerala State Pollution Control Board within ten days and failure to comply with the direction, to pay a penalty of Rs.50 lakhs each upon the State of Kerala and Kollam Municipal Corporation apart from forfeiture of the performance guarantee. It was also further mentioned that the penalty of Rs. 1 lakh shall be imposed for each day of delay beyond 30 days until the site is identified and action plan with the timeline submitted.

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13. The matter was taken up on 07.01.2019 and considered the status report submitted by Kollam Municipal Corporation and expressed its displeasure as nothing was mentioned in the status report submitted about the present quantity for legacy waste and time required for biomining and the manner in which they were going to remove the reject after bio-mining and nothing was mentioned about the steps taken for identifying alternate location for this purpose.

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14. It was also noted that against the order dated 29.10.2018, the Kollam Municipal Corporation has filed a Writ Petition before the Hon’ble High Court of Kerala as WPC 3679/2018 and the Hon’ble High Court modified the order and directed the Kollam Municipal Corporation to deposit the modified amount and the same has been deposited by them and the stay of implementation of the directions have been extended in the Writ Petition pending.

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15. The matter was again taken up on 25.02.2019, on that day, this Tribunal has considered the order passed by the Hon’ble High Court of Kerala in the Writ Petition mentioned above reducing the performance guarantee

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of Rs.1 Crore and other part of the directions were not interfered with. Also considered the report submitted by the Municipal Corporation that they have identified 7 acres of land suitable for establishment of Integrated Solid Waste Management Plant within the overall area of 17 acres of the processing yard at Kureepuzha and the land has been handed over to Kerala State Industrial Development Corporation, the Nodal Agency for Integrated Solid Waste Treatment Plant. This Tribunal also considered various steps taken by them and tender process adopted by them. This Tribunal also reiterated the necessity for decentralised Solid Waste Treatment Plant as contemplated under the Solid Waste Management Rules, 2016. The objection raised by the applicant regarding the shifting of this to some other place was not accepted. The Tribunal directed the Kollam Municipal Corporation to ensure the disposal of the legacy waste within the schedule period of 6 months and the Decentralised Solid Waste Treatment Plant was completed within the period and made operational and that must be done in accordance with Rules prescribed thereunder.

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16. On 11.12.2019, this Tribunal considered the action taken report submitted by Kollam Municipal Corporation dated 26.11.2019 and considered the order passed by the Principal Bench New Delhi dated 17.07.2019 in O.A. No.519/2019 and O.A. No.386/2019 extracted in the order and directed the Kollam Municipal Corporation to forebear from adopting any other method and try to implement the Indore model of disposal of legacy waste as directed by the Principal Bench in O.A. 519/2019 and O.A.386/2019 by order dated 17.07.2019 and also the order passed by the Principal Bench in O.A.606/2018 and directed them to file further progress report. Thereafter the case was adjourned to 19.03.2020 for consideration of further action cum progress report. In the meantime, this Bench started functioning and the cases were transferred to its original numbers that were assigned and taken by this Tribunal.

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17. On 19.03.2020, this Tribunal considered the report submitted by Kollam Municipal Corporation regarding the steps taken by them for disposal of the Legacy Waste by doing bio-mining and the tender was granted in favour of one M/s. Zonata Infratech Pvt. Ltd. and agreement was

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expected to be executed on 16.03.2020 and they have undertaken to dispose of the wastes within seven months from the date of execution of the Agreement. The Tribunal directed the Pollution Control Board and Kollam Municipal Corporation to file further report.

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18. The matter was again taken up on 13.07.2020, on that day, considered the report submitted by Kollam Municipal Corporation extracted in Para 5 of the order and then directed the Kollam Municipal Corporation to file further action taken cum Progress Report. This Tribunal also expressed its displeasure on the part of the regulators namely Pollution Control Board in not taking stringent actions in spite of the directions issued by the Principal Bench of National Green Tribunal in O.A. 606/2018 and also expressing its displeasure on Chief Secretary of the State who is also not taking keen interest in implementing the directions issued by the Tribunal in O.A. 606/2018 as orders were passed after hearing the Chief Secretaries of the States and they have been directed to review the implementation of Solid Waste Management Rules, 2016 and also implement the directions issued by the Principal Bench. The Pollution Control Board was directed to inspect the area in question and submit a status report. The State Level Monitoring Committee was also directed to submit a status report regarding the implementation of Solid Waste Management Rules as far as the Kollam Municipal Corporation is concerned. The District Collector, Kollam was also directed to submit an independent report regarding the steps taken by the District Administration to resolve the issue as required under Rule 12 of the Solid Waste Management Rules, 2016. The case was adjourned to 14.10.2020 for filing the report by the respective regulators.

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19. The matter was again taken up on 02.11.2020 and considered the report submitted by Kerala State Pollution Control Board regarding the present status and also considered the report submitted by the Chairman Shri Justice Ramakrishna Pillai, Chairman of the State Level Monitoring Committee extracted in Para 9 of the order and then directed the Kollam Municipal Corporation and Chief Secretary and Principal Secretary of Municipal Administration and Principal Secretary for Environment and District Magistrate, Kollam were directed to file the specific action plan

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for implementation of Solid Waste Management Rules, so as to resolve the issue in an effective and permanent basis to protect the interest of people and the health of the people in that locality who are suffering on account of pollution caused due to non disposal of the legacy waste lying in the dump yard since long time and they were directed to file the respective reports to this Tribunal on 19.01.2021.

¶138

20. The matter was again taken up on 15.02.2021. On that day this Tribunal considered the additional report submitted by the Justice A.V. Ramakrishna Pillai, Chairman, State Level Monitoring Committee dated 09.01.2022 regarding the implementation of Solid Waste Management Rules, 2016 in Kollam Municipal Corporation and also considered the report submitted by Kerala State Pollution Control Board dated 16.01.2021 received on 25.01.2021 extracted in para 6 of the order which reads as follows:-

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REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, THE 3^RD RESPONDENT IN APPLICATION NO. 439/2013(SZ)

¶140

1. The Hon‟ble NGT in its Order dated 13.07.2020 in OA 439 of 2013 (SZ) had directed the Board as follows: “Kerala State Pollution Control Board is also directed to inspect the area in question and submit a status report showing the real state of affairs including the violation if any of nonimplementation of provisions of the Solid Waste Management Rules, 2016 in Kollam Corporation and any damage has been caused on account of the negligence act of mismanagement of legacy waste, assess environmental compensation and take steps to realize the same from the defaulter and submit a detailed report to this Tribunal.” Accordingly this respondent had submitted detailed report dated 10.10.2020. When the matter was considered on 02.11.2020, the Hon‟ble NGT observed that there is no considerable progress in the implementation of Solid Waste Management Rules, 2016 by the Corporation. The Hon‟ble NGT had directed the Board to submit further action taken report on the basis of the steps taken as mentioned in the report dated 10.10.2020. 2. As per the Order of the Hon‟ble NGT, the Board had been conducting regular inspection in the Corporation area. There were certain hot spots near Kollam Port, on the banks of Kollam thodu, near Ashramam etc. where repeated incidents of waste dumping were noticed. The Secretary Kollam Corporation was issued notice regarding the same. From the recent inspections conducted by Board Officials it was noticed that though there is improvement with respect to decentralized and house hold level treatment systems, the implementation of the Solid Waste Management Rules, 2016 has not yet reached 100%. Waste dumping was noticed again on the banks of Kollam thodu, near Kollam Port etc. The matter of waste dumping was brought to the attention of the District Level Monitoring Committee (DLMC) in its monthly meeting and the District Collector (Chairman, DLMC) had directed the officials concerned to take urgent remedial action. The Board had also called for report from the Secretary, Kollam Corporation regarding the updated status of implementation of the Solid Waste Management Rules, 2016 and bio-mining of the legacy waste at Kureepuzha dump site.The Secretary had submitted the latest status report on 13.01.2021 regarding the progress of implementation of the SWM Rules and the status of bio-mining. The Report of the Secretary dated 13.01.2021 is produced herewith and marked as Annexure R3(a).

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3. As per Annexure R3(a) report of the Secretary, non-biodegradable waste is collected from households and individual establishments by Haritha Karma Sena (HKS). Currently 182 HKS members work across 55 divisions of the Corporation. Number of members working per health circle ranges from 16 – 24. Most of the HKS members follow a monthly schedule for visiting households. The daily working hours are fixed as 9 am – 5 pm. Households are visited once a month and commercial establishments are visited twice a month. Till December 2020 user fee collected by the HKS is Rs.35,00,000/-. User fee collected is deposited in bank account (Micro Enterprise Group Account) monthly, which is the source of income of the HKS.Till December 2020, HKS had visited 83% of households and 70% of commercial establishment in KMC. To render the service of the HKS in a more systematic manner, each division was divided into

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clusters having 100- 120 houses each. A cluster book is maintained by HKS in which the collection can be recorded. The households were also given a consumer card for their record. The new collection system has been able to ensure 100% collection of non-degradable waste within six months.

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4. The collected non-biodegradable waste is stored at the collection point i.e.: material collection facilities setup at under zonal office. Around 250 mini MCFs are being installed in Kollam Corporation. From MCF, non degradable waste is transported to material recovery facilities(MRF) at Anchalumood, which is having a shredding machine and bailing machine. At the shredding unit run by Corporation, 4 staff are employed to segregate, bail and shred non-biodegradable waste. The final shredded plastics are sold to Clean Kerala Company. So far, 5Tonnes of shredded plastic had been used in road tarring works by KMC itself. Moreover, in the bailing unit plastic bottles, PP cover, Milma cover etc. get bailed separately and are sold to Clean Kerala Company for recycling. The Secretary as per Annexure R3(a)had reported that the Corporation had conducted many drives for collecting hazardous wastes which were then sent to Clean Kerala Company. Further, one number of Resource Recovery Facility (RRF) is established and the another one is under implementation stage, each RRF has a floor area of 5000sqft to facilitate the segregation and preparation of recyclable materials for marketing to end-user manufacturers.

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Details of non-degradable waste sold	to clean Kerala Company isgiven below:
Quantity of Non- Degradable Was	te sold to Clean Kerala Company
Glass Waste	7T
Tube Light	5T
Bailed Plastic	14T
Shredded Plastic	15T(given to various Panchayats Municipalitiesfor road tarring works)	and
Rejects and Leather Waste	27T
Dumped Legacy Waste	263T
TOTAL	331 Tonnes

¶146

5. The Corporation had provided bio-degradable waste management facilities at source level like bio digesters, biogas plants, bio compost bins, pipe compost, ring compost etc. for households and commercial establishments. KMC is also providing bio compost bins at subsidised rate for achieving 100% conversion of biodegradable waste at the source itself. At community level, Kollam Corporation had provided de-centralised treatment systems viz., aerobic composting units and community based bio gas plants. An integrated solid waste management facility consisting of a waste to energy plant of 200TPD capacity is proposed by Government of Kerala at Kureepuzha. KSIDC is the nodal agency for the same.

¶147

The details of the solid management facilities existing in Kollam Corporation are as follows:

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BIODEGRAD	ABLE WASTE MANAG	EMENT
Treatment Facilities	Nos	Quantity treated(TPD)
Household Level
Biogas Plants(HH)	2100	4.2
Pipe Compost(HH)	1750	2.6
Bio composter(HH)	6954	27.5
Vermi composting(HH)	189	0.2
Ring compost(HH)	750	1.2
Compostpit(HH)	7025	10.50
Bucket compost(HH)	3200	4.8
Community Level(Decentralized	Facility)
Aerobic Composting Unit	27	1.30
Biogas Plants(Community Level)	13	5.60
Informal Waste Collectors( Hotel	s and Chicken Stall)	25.0
Total quantity of bio- degradable including thoseprocured by indiv	waste treated in facilities iduals on their own	65.9TPD

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6. With respect to the progress of the bio-mining of legacy waste, the Secretary as per Annexure R3(a)had reported that the L1 bidder for bio-mining, M/s. ZontaInfratech had expressed unwillingness to sign agreement with the Corporation as their payment terms were not approved by the State Govt. and hence, the Corporation Council had decided to implement the tender procedures for bio-mining in Kollam Corporation through Kerala State Industrial Development Corporation (KSIDC), as the land having legacy waste includes the land assigned for establishing waste to energy plant and this land has been leased to KSIDC for the same. Further, KSIDC had also tendered for similar projects of biomining of legacy waste in Kochi, Kozhikode and Kannur Corporations.

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7. As per Annexure R3(a)report, State Level Advisory Committee (SLAC) convened on 05.11.2020 had suggested to conduct a meeting chaired by the Principal Secretary (Urban Affairs) to decide the course of action to be taken to commence bio-mining before 19.01.2021 in compliance with the NGT order dated 02.11.2020. A preliminary meeting between KSIDC, Kollam Corporation and M/s. ZontaInfratech was also convened by the Director of Urban Affairs on 18.11.2020, to discuss the matter. Also, on 18.11.2020 and

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19.11.2020, the Principal Secretary had called for a meeting to resolve the issue. Further, on 24.11.2020 a meeting chaired by Principal Secretary (Urban Affairs) was called for to discuss the removal of legacy waste from the dump site at Kureepuzha and it was decided to avail the services of NIT, Calicut towards supervision of field survey for estimation of the legacy waste and monitoring its removal and related capping. And regarding payment to M/s. Zontainfratech, it was decided that the same shall be made on a running bill basis monthly. Meanwhile, Kollam Corporation received willingness letter from NIT, Calicut through the Director Urban Affairs. Kollam Corporation had sent the project summary and details regarding the legacy waste to NIT Calicut. As per the instruction received from the Government, on 25.11.2020 the bio-mining file was handed over to the Director (Urban Affairs).

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8. As per Annexure R3(a) report, in the meeting dated 10.12.2020 chaired by the Chief Secretary to discuss various Orders of the Hon‟ble National Green Tribunal, it was conveyed that a final order will be issued regarding the bio-mining of legacy waste. On 22.12.2020, the Corporation received the file on bio-mining and a letter from the Principal Secretary to Government stating that the Corporation shall take necessary steps for retender immediately. Also, it was suggested that the new tender document shall adhere to CVC guidelines and PWD manuals. Accordingly a letter was sent to Suchitwa Mission to prepare a new tender document, since the previous tender document was also prepared by Suchitwa Mission. Suchitwa mission had scrutinized the document and returned the document on 05.01.2021.

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9. The Secretary as per Annexure R3(a)had reported that on 06.01.2021 after incorporating the corrections made by the Suchitwa mission, Kollam Municipal Corporation had floated tender for Biomining of the Legacy waste at Kureepuzha, Kollam. The tender opening date is 20.01.2021. In the pre-bid meeting conducted on 12.01.2021 three companies had participated. The Secretary had assured that after the selection of the successful bidder the work will commence at the earliest.

¶155

10. The Board officers had inspected the community level waste management facilities, RRF and various MCFs of the Corporation. Also as part of the survey conducted by Board Officers and in connection with the sanitation survey of Ashtamudi lake, a number of households were visited randomly and the existing waste management facilities were verified. The data was comparable with the report of the Corporation Secretary. There are 88332 houses and 9825 establishments in Kollam Corporation. The total quantity of waste generated in Kollam Corporation is 104.60TPD. The Corporation had engaged Harita Karma Sena having 182 members for door to door collection of dry waste. As per the latest quarterly progress report submitted by the Corporation, households having segregation at source and door to door collection by Harita Karma Sena for dry waste was 71168 and establishments having segregation at source and door to door collection by Harita Karma Sena was 4800. i.e. 80.6% of houses and 48.9% of establishments were covered under door to door collection of dry waste. Out of the 33.7 TPD of dry waste generated, 25.563 TPD is processed. Total dry waste processed is 75.85%. There is no door to door collection of wet waste. 34 TPD of wet waste is processed at source through the facilities provided by Kollam Corporation (at subsidized rate) as well as through facilities procured by individuals on their own. About 6.9 TPD of wet waste is processed at community level (decentralized facility) utilized by households (especially in slum areas) that are not having enough space for installation of source level treatment facilities. 25 TPD of chicken waste and hotel waste were collected by informal waste collectors. Hence, total 65.9TPD of wet waste is treated. Total wet waste processed is 92.94%. Over all waste management facilities currently available are treating about 87.4% of the total solid waste generation.

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11. The gap in solid waste management had reduced from 43.78 TPD in October 2020 to 13.137 TPD in January 2021. As such there is progress in the implementation of Solid Waste Management Rules 2016 by the Corporation. The Corporation Secretary had also incorporated in the report an action plan for the year 2020-21 with an aim to become Zero Waste City in compliance of the Order of the Hon‟ble NGT.

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12. Government of Kerala had selected Kureepuzha in Kollam Corporation to set up the Waste to Energy plant of capacity 200TPD with a bio-methanisation plant, a refuse derived fuel unit and a landfill. 7.05 acres of land in Kureepuzha was leased to KSIDC (nodal agency) and Kollam Corporation had also signed the concession agreement for the same. Report was also called for from KSIDC regarding the status of the proposed Waste to Energy Plant. The Project Director, KSIDC had reported as per letter dated 23.12.2020 that the detailed project report(DPR) of the same is in the evaluation stage. The Project Director had assured that the DPR will be submitted to the Board for Consent to Establish on its final approval. With the implementation of integrated solid waste management facility – Waste to Energy Plant, Kollam Corporation will be able to achieve 100% management of solid waste. The report of KSIDC dated 23.12.2020is produced herewith and marked Annexure R3(b).

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13. The Hon‟ble NGT had directed the Board to submit the report on further action on the basis of the steps taken as stated in the report dated 10.10.2020. Accordingly the Board verified the waste management facilities currently available in the Corporation and also the quarterly progress reports submitted by the Corporation in compliance of the Order of the Hon‟ble NGT in O.A.No. 606/2018. Based on the current waste management capacity gap

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of 13.137 TPD, the Environmental Compensation applicable is Rs.3,44,76,600/- (Rupees three crore forty four lakh seventy six thousand six hundred only). The Board Chairman has issued notice dated 16.01.2021 to the Secretary, Kollam Corporation under section (5) of the Environmental Protection Act, 1986 prior to realization of EC. The copy of the notice dated 16.01.2021 is produced herewith and marked Annexure R3(c).”

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21. The Tribunal also considered the report submitted by the Chief Secretary dated 20.01.2021 received on 29.01.2021 extracted in Para 7 of the order

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which reads as follows.

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“REPORT SUBMITTED BY THE CHIEF SECRETARY/2nd RESPONDENT

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1. It is submitted that Principal Secretary (Urban) Local Self Government Department on behalf of the Chief Secretary, Thiruvananthapuram/2nd Respondent herein has filed a report dated 19.01.2021 in both are above Original Applications as per the direction of this Hon‟ble National Green Tribunal dated 02.11.2020 in the above said both O.As.

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2. It is submitted that in the above sand O.As the Hon‟ble Green Tribunal has directed the Kollam Municipal Corporation to remove the legacy waste at Kureepuzha dump site. As per the GO (Ms) No.82/2018//LSGD dated 11.08.2018, the Government have accorded sanction for the setting up Integrated Waste management Project with Waste to Energy facility at seven identified locations in the State and Kerala State Industrial Corporation (KSIDC) has been appointed as the Nodal agency for implementing project. 3. It is submitted that as per the tender document for the removal of legacy waste at Kureepuzha, rate arrived for bio-mining of 1M3 of legacy waste was Rs.9,229/- in a separate payment mode. Thereafter M/s. Zonta approached the Corporation requesting that the terms and conditions and payment mode followed in other similar projects or removal of legacy waste at Njeliyamparambu, Kozhikode, under supervision of KSIDC.

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4. It is submitted that as per the payment modality for the project in Kozhikode, 25% of the amount has to be released both the actual starting the process of bio-mining and also included provisions for 2% security deposit. On 02.11.2020 as per the order of Hon‟ble Green Tribunal has suggested to convene a meeting dated 05.11.2020 by the Principal Secretary/2nd respondent decides the course of action to be taken. Accordingly on 18.11.2020 the Principal Secretary/2nd respondent has convened meeting and discussed the matter of resolves and issuance of removal of legacy waste at Kureeppuzha enclosed herewith in the report along with the list of project included in the financial year 20202021 and 2021-2021. Hence, in thus result as per the directions of the Hon‟ble Green Tribunal, Kollam Corporation is planning to become a Zero Waste City with the implementation of the projects being implemented and the planned projects to be implemented.

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Therefore it is most humbly prayed that this Hon‟ble Tribunal may be pleased to take the said report filed by the Principal Secretary/2nd respondent on Record and pass such further or other orders may deem fit and proper in this case and thus render justice”

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22. This Tribunal also considered the report submitted by Principal Secretary, produced as Annexure to the report of Chief Secretary extracted in Para 8

¶169

of the order which reads as follows:

¶170

“Report for submission before the Hon’ble NGT based on the order dated 02.11.2020 in O.A. No. 439/2013 SZ and O.A. No.456/2013 SZ by Principal Secretary (Urban) Local Self Government Department on behalf of Chief Secretary and Principal Secretary, Environment Department.

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Hon‟ble National Green Tribunal, South Zone, Chennai in O.A. No. 439/2013 (SZ) and O.A. No. 456/2013 (SZ) has directed Kollam Municipal Corporation to remove the legacy waste at Kureepuzha dump site, as per Solid Waste Management Rules, 2016 Schedule I Clause J and to do bio-mining/capping thereafter, Corporation conducted a total station survey of the legacy waste in 2.5 acres and estimated amount for the project was Rs. 3,82,85,000/Kollam Corporation has floated tender on 23.10.2019 for bio-mining of Legacy waste dumped on 2.5. Acres of land owned by Kollam Municipal Corporation: M/s. Zonta Infratech Pvt. Ltd., has been selected as the lowest bidder and Corporation council meeting held on 23.01.2020-has approved lowest rate of Rs. 3,74,42,730/- quoted by M/s. Zonta Infrastech Pvt. Ltd for the removal of legacy waste.

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As per GO (Ms) No.82/2018/LSGD dated 11.06.2018, Government have accorded sanction for the setting up of Integrated Waste Management Project with Waste to Energy facility at seven identified locations in the State and Kerala State Industrial Development Corporation (KSIDC) has been appointed as the nodal agency for implementing the projects.

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Kureepuzha at Kollam District is one of the seven sites identified for the setting up of waste to energy plant. As per the Government Order mentioned above, the Kollam Corporation had transferred 3.3 acres of land from 5.8 acres for the establishment of Waste of Energy Project. To find out the exact quantity o waste M/s. Zonta Infratech Pvt. Ltd., has conducted a further survey on 29.02.2020 and it was found that there exists an additional quantity of 71,974m3 (including the legacy waste dumped at 3.3 acres of land transferred to KSIDC on lease for the establishment of waste to energy plant.

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As per the tender document for the removal legacy waste at Kureepuzha, rate arrived for bio-mining of 1m3 of legacy waste was Rs. 9229 and the payment mode for the removal of

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waste was as follows:

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Sl.No.	Work Component	% of quote amount Releasable
1.	After completion of bio-mining and shifting of the recovered itemsfrom the site	30
2	After completion of capping of rejects/inert/nonrecoverable	30
3	Construction of drains, wells and completion of landscaping work and handling back the site afterfull completion	30
4	After 4 months from the handing over of the site after completion of work.	10

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Thereafter, M/s. Zonta approached the Corporation requesting that the terms and conditions and payment mode followed in other similar projects like project excited for the removal of legacy waste at Njeliyamparambu, Kozhikode, under the supervision of KSIDC have to be accepted for the removal of legacy waste at Kureepuzha also. Since, approval for the same was not obtained within the tender period of 210 days M/s. Zonta informed the Corporation through a letter that they are not willing to enter into an agreement for the implementation of the project.

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As per the payment modality for the project in Kozhikode, 25& of the amount has to be released before the actual starting the process of bio-mining and also included provision for 2% security deposits. As per the order dated 02.11.2020, the Hon‟ble NGT has issued an ultimatum to come up with definite action plan before 19.01.2021, to resolve the issues connected with removal of legacy waste dump and implementation of Solid Waste Management Rules, 2016 in connection with the matter in question. State Level Advisory Committee (SLAC) Chaired by Chief Secretary on 05.11.2020 has suggested to convene a meeting chaired by Principal Secretary on 05.11.2020 has suggested to convene a meeting chaired by Principal Secretary (Urban affairs) to decide the course of action to be taken based on the order dated 02.11.2020 of Hon‟ble NGT. Accordingly, the Principal Secretary (Urban), Local Self Government Department has convened a meeting on 18.11.2020 to discuss the matter to resolve the issue of removal of legacy waste at Kureeppuzha.

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To discuss the concerns raised by M/s. Zonta Infratech Private Limited., and to chalk out action plan to comply with the direction of Hon‟ble NGT in O.A. No. 439/2013 – SZ and O.A. No. 456/2013-SZ, Principal Secretary (Urban), Local Self Government Department has convened another high level meeting on 24.11.2020 with Director of Urban Affairs, Executive Director Suchitwa Mission, District Collector, Kollam, Member Secretary Pollution Control Board, Kollam Corporation Secretary, Project manager, KSIDC and representatives of M/s.Zonta Infrtatech Pvt., Ltd.,

¶181

In the meeting Zonta Infratech Pvt, Ltd., has informed that has informed that they are willing to take up the project if their concerns and addressed. The matter was discussed in detail and the following decisions were arrived at.

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The final quantity of legacy waste including that was surveyed after the  bid will be assessed by Kerala State Pollution Control Board (KSPCB) and Kerala State Industrial Development Corporation and the excess amount of land containing the legacy waste will be brought under the purview of the contract. Kerala State Pollution Control Board was directed to do the technical support and hand holding. But KSPCB informed that the actual assessment might take more time. Hence, it was decided that the services of NIT Calicut shall be requested for the assessment and Pollution Control Board will provide all support in this matter. Director of Urban Affairs will contact NIT Calicut and appraised the Principal Secretary.

¶183

Payment to M/s. Zonta Infratech Pvt., Ltd., based on the rate and  quantity mentioned in the tender will be extrapolated to the finally assessed quantity as mentioned above.

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The payment to M/s. Zonta Infratech Pvt. Ltd., will be made on a running  bill basis every month, within 7 days of submitting the bill, the Corporation will pay 70% of the amount. Thereafter the bills/work will be verified and it found correct, rest of the amount will be paid within the next 7 days. If Kollam Corporation is not having enough funds for payment of bills the amount the amount will be deducted from the Plan Fund by Government so as to ensure the payment.

¶185

M/s. Zonta Infratech Pvt., Ltd agreed to take up the work and execute the agreement as per the decisions arrived at the meeting.

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¶187

Further, Government have examined the matter of payment mechanism formulated in the meeting held by Principal Secretary (Urban), Local Self Government Department on 24.11.2020 and following direction has been issued to Director of Urban Affairs.

¶188

The request to modify the tender conditions and release of 25% as advance payment is not admissible as per current rules in force. As per guidelines issued by Central Vigilance Commission (CVC) and payment to be made as mobilization advanced shall be clearly specified in the tender conditions. Hence payment schedule as per tender conditions shall be strictly complied under normal circumstances. The request to relax the performance guarantee from 5% (stipulated in tender) to 2% is in violation of Public Work Department (PWD) manual and the tender conditions. The payment to be made to M/s. Zonta Infratech Pvt., Ltd., on a running bill basis every month for the removal of legacy waste also a violation from the tender conditions in the tender while singing the agreement is not admissible. In case the lowest selected bidder is not agreeable to tender conditions, fresh tenders shall be invited with adequate modifications in tender conditions and in compliance of CVC guidelines and PWD manual. Mobilization advance if any to be included in the fresh tender shall be as per the existing PWD norms and shall be against bank guarantee. Accordingly, Kollam Municipal Corporation has floated tender for bio-mining of the legacy waste at Kureeppuzha, Kollam on 06.01.2021. The tender opening date is 20.01.2021. After the selection of the successful bidder the work can be started soon.

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SOLID WASTE MANAGEMENT IN KOLLAM CORPORATION

¶190

The Kollam Municipal Corporation (KMC) has taken imperative steps to facilitate door to door collection of non-biodegradable waste, segregation of bio-degradable and nonbio-degradable waste into compost at source itself and proper recycle or utilization of the nonbiodegradable waste for commercial purposes.

¶191

NON-BIO DEGRADABLE WASTE MANAGEMENT

¶192

Non–biodegradable waste is collected form household and individual establishments by the Haritha Karma Sena (HKS) an initiative of Government of Kerala and Local Self Government Department. Currently, 182 HKS members work across 55 ward of KML Number of members working per health circle ranges from 16-24. Most of the HKS members follow a monthly schedule for visit to households; the daily working time is from 9 AM-5 PM. Households are visited once in a month and commercial establishments are visited twice in a month. Till December 2020, user fee collected by the HKS is Rs. 35,00,000/- Till December 2020, HKS was able to visit 83% of households and 70% of each cluster having 100-120 houses. A cluster book is maintained by HKS in which the collection is recorded. The households are also given consumer card 100% collection of nondegradable waste in six months.

¶193

The collected non-biodegradable waste (NBW) is stored at the collection points i.e. Material Collection Facilitates (MCF) setup at each zones of Corporation. Around 250 mini MCFs are being installed in Kollam Municipal Corporation.

¶194

From the MEFs, non biodegradable waste is transported to the Material Recovery Facility (MRF) at Ancahalumood, which is having a plastic shredding machine and bailing machine, At the shredding unit run by Corporation, 4 staffs are employed to segregate, bale and shred non-biodegradable waste. The final shredded plastics are sold to the Clean Kerala Company Ltd., so far 5 Tonnes of shredded plastic have been used in road tarring works by KMC itself. In bailing unit plastic bottles, Milma Cover.

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(Plastic cover used for the packing of milk) etc. Get bailed separately and sold to Clean Kerala Company Ltd for recycling. One Resource Recovery Facility (RRF) is established and the second one is under implementation stage, each one has a floor area of 5000 sqft to facilitate the separation and preparation of recyclable materials for marketing to end-user manufacturers. Haritha Karma Sena is also collecting, segregating other nonbiodegradable wastes rather than plastic wastes like iron, PET bottles, aluminium, PVC items, brass items, card boards etc., from households and selling to scrap dealers thereby generating extra revenue. Out of the 33.7 TPD of Non-biodegradable waste generated. 25.563 TPD is processed.

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BIO-DEGRADABLE WASTE MANAGEMENT

¶197

Kollam Municipal Corporation has provided biodegradable waste management facilities like bio digesters, bio-gas plant, biocompost bins, pipe compost, ring compost) for treatment of biodegradable waste at each household and commercial establishment. KMC has brought out provisions for availing subsided bio compost bins for achieving 100% conversion of biodegradable waste at source itself. At community level Kollam Corporation has provided de-centralised treatment systems viz, aerobic composting units, community based bio gas plants. An integrated solid waste management project with a waste to energy plant of 200 TPD capacity was proposed by the Government of Kerala at Kureepuzha, Kollam.

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The total quantity of waste generated in Kolla Corporation is 112.45 TPD. Out of which about 78.71 TPD is biodegradable waste. Of this 34 TPD is processed at source with the facilities provided by Kollam Corporation (Subsidized) as well as procured by individuals, about 6.9 TPD is processed at community level (decentralised facility) this facility is utilized by households (especially in slum areas) which are not having enough space for installation of source level treatment facilities. 25 TPD of chicken waste and hotel waste were collected by informal waste collections. Hence a total of 65.9 TPD of

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biodegradable waste is treated out of the 78.71 TPD of biodegradable waste generated. A total of 54674 households out 88332 households were benefited with the completion of current financial year projects i.e., Kollam Corporation has allocated of Rs. 4,95,00,000/for 27500 no. of bio composter (6954 supplied) in household level, biogas plants (2220 nos)Rs. 2,31,00,000/- ring compost (3018 no‟s BPL families) Rs. 75,45,000/- and 5500 compost pit (Ayyankali Urban Employment Guarantee Scheme – AUEGS fund). These projects are in implementation stage and are expected to be completed by 31st March 2021. The gap observed will be filled by implementing new waste management projects in the coming financial year (2020 – 2021).

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An amount of Rs. 8,84,46,250/- has been allotted to Kollam Corporation for waste management projects from Swatch Bharat Mission (Urban). This covers aerobic composting units (10 No‟s) . Material Collection Facilitates (250 no‟s) Resource Recovery Facility of 5000 Sq. Ft (2 No‟s) 90% of work allocated under this project is completed. With the advent of integrated solid waste to achieve the 100% management of Municipal Solid Waste. For this, Government of Kerala has selected Kureepuzha in Kollam Corporation to setup a waste to Energy plant of 200 TPD with a Bio-Methanisation plant, Refuse Derived Fuel Plant and a Sanitary Landfill. Land for the purpose of establishing the project at Kureeppuzha has been leased to KSIDC (nodal agency) and Kollam Corporation as signed the concession agreement for the project.

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Historically the Kureepuzha dump site was a night soil depot (since the early 1940‟s) the land was having less value over the period. Nearly 3 acres of land for night soil depot was converted on the 2nd of October 1982 by the then Kollam Municipality for dumping of municipal solid waste. To overcome space constraints, Kollam Municipal Corporation has acquired an additional 1,4,00 acres of land safe management of municipal solid waste. Municipal Solid waste segregation and windrow composting plant (with trammel of different sieve sizes, collection and bagging unit, rejection collection units etc.,) was being constructed along with office building, canteen building, weigh bridge system, compound and fencing. The project was established with the consent of Pollution Control Board and consent to operate plant and other projects were tendered for an amount of Rs. 10 Croes, the project was stalled due to public protest and court order and had to be closed early after spending an amount of Rs. 6.80 Crores. The proposed project was intended to scientifically manage the Municipal solid waste that was being generated within the area of Kollam Municipal Corporation, but due to the protest from the public the project was stalled and the plant and machinery were kept idle since 2012. Further, dumping of waste too is stalled from 2012.

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	List of Pr	ojects in th	efinancialyear 2020-	2021
SL. No.	Name of Projects	No:	Amount	Remarks
1	Bio Composter Bin	27500	Rs.4,95,00,000	6954 supplied and remaining 20546 will be distributed before 31st March, 2021
2	Ring compost	3018	Rs. 75,45,000	Implementation stage
3	Biogasplants	2200	Rs. 2,31,00,000	_Implementation stage _
4	Plastic washing machine	1	Rs. 3,50,000	_Tendering stage _
5	Napkin destroying machine	5	Rs. 2,75,000	Tendering Stage
6	Mini MCF	250	Rs. 1,54,00,000	Completed
7	Bio mining and scientific closure of legacy waste at old dump site, Kureepuzha, Kollam	1	Rs. 3,82,85,000	Tendered
8	Organic waste shredding machine	1	Rs. 4,90,000	Tendering stage
9	Safety equipments and other equipments for HKS and sanitation staff‟s		Rs. 14,23,000	Completed
10	3 wheeler vehicles for door to door collection (Haritha Karmafamily)	1	Rs. 24,75,000	Implementation stage
11	Bio Toilet for Islanders (family)		Rs. 15,00,000	Beneficiary selected
12	Aerobic compost unit Sakthikulangara	2	Rs. 10,42,000
13	Aerobic Compost Unit – Kilikoloor	1	Rs. 5,18,000	Completed
14	Aerobic compost unitThrikkadavoor	2	Rs. 10,42,000	1 completed
15	Aerobic compost unit	5	Rs. 26,00,000	4 completed

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	Central Zone 1
16	RRF at Kureeppuzna	1	Rs. 55,31,000	Completed
17	RRF at Mundalumoodu	`	Rs. 55,31,000	_Implementation stage _
18	Aerobic Compost unit	10	Rs. 85,00,000	8 Nos. completed
19	MCF	7	Rs. 11,00,000	completed

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Sl. No.		KEY ACTIONS	DEADLINE
1	Door to door collection	Increasing and retaining door to door collection	June 2021
		Promote and ensure Segregation at source	June 2021
		Increase door to door collection from shops and establishments	June 2021
		Ensure segregation at shops/ establishment	June 2021
2	Chicken waste management	Implementing proper collection and management of Chicken waste via rendering plant	June 2021
3	Monitoring	Formation of Cluster monitoring committee for increasing compliance as per National Green Tribunal	March 2021
4	IEC	Preparation of working draft and getting approval of the committee	March 2021
		Preparation of Handouts, audio/visual media	March 2021
		Conducting awareness Campaign: general public, stakeholders, Religious groups, Institutional level.	March 2021
5	Treatment of non biodegradable waste	Planning 2 more RRF at 2 points in city	March 2021
		Operation of already constructed RRF	February 2021
		Planning MCF at 144 Points in city	February 2021
		Implementation of MCF at 144points	March 2021
		Operation of already installed MCF	February 2021
		Bailing and Shredding machines(for RRF)	March 2021
		Weigh bridge (10 ton) (for RRF)	March 2021
6	Treatment of biodegradable waste	Bio Composter (25,000 Nos- Household level )	March 2021
		Bio Plant(10,000 Nos- Household level)	March 2021
		Compost Pit(10,000 Nos- Household level)	March 2021
7	Vehiclefor waste	collection -Tipper lorry	June 2021
8	Waste to Energy Municipal Solid w	(Bio-Methanisation, RDF) Plant (200 Tpd) for aste Management	Implementation _stage _

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23. The report submitted by Kollam Municipal Corporation received through e-mail dated 13.02.2021 which was extracted in Para 9 of the order, which reads as follows:

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“BEFORE THE NATIONAL GREEN TRIBUNAL SOUTH ZONE OA No: 439/2013 and OA No 456/2013 STATUS REPORT OF BIO MINING OF LEGACY WASTE AT KUREEPUZHA

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Kollam Corporation has plotted tender on 23-10-2019 for Biomining of Legacy waste dumped on 2.5 Acers; M/s Zonta infratech Pvt. Ltd. has been selected as the lowest bidder. After the selection process is over the lowest bidder had visited the site and put forth a suggestion that they want to re-verify the quantity of Legacy waste. Hence a survey team was called for by the lowest bidder and found out that the there is a hike in the quantity, i.e.; there exists an additional quantity of 71,974m3 (including the legacy waste dumped on the land leased for KSIDC). The amount we had estimated for the project was Rs.3,82,85,000 which will increase to an amount of 10,66,60,300/-, if the total quantity of waste is cleared this is a threefold hike in both quantum and price. This has put a huge debt on the part of Kollam Corporation which is being fighting the COVID-19 pandemic with its own fund.

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In the 35th State Level Advisory Meeting (SLAC) decided to share the draft agreement done by the Kerala State Industrial Development Corporation (KSIDC) for Kozhikode Municipal Corporation on 27.04.2020 and it was shared and verified by the officials found that M/s.

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¶212

Zonta has requested to sanction 25% of the contract value as mobilization advance and that the amount of performance guarantee (5%) to be remitted may be deducted from each of Running Amount bill at 2.5% of contract value which are not in tune with the Kerala Public Works Department (PWD) manual and prevailing Government orders. As the council being the decision-making authority of Kollam Municipal Corporation, decided to get approval from the government to sanction Biogas plant (10,000 Nos- Household level ) March 2021 Compost Pit (10,000 Nos at Household level) March 2021 7 Vehicle for waste collection -Tipper lorry June 2021 8 Waste to Energy (Bio-Methanisation, RDF) Plant (200 Tpd) for Municipal Solid waste Management Implementation stage 25% of the contract value as mobilization advance and that the amount of performance guarantee (5%) to be remitted may be deducted from each of Running Amount bill at 2.5% of contract value as it is a mandate to get concurrence from the State Government if any such changes as requested is to be made in the agreement. As per the decision of the council a letter for approval from the council was sent to the Government. The agreement will be entered and bio mining work will begin once the approval from the government is received.

¶213

On 10/09/2020 Government of Kerala via letter stated that Kollam Corporation must not vary from the tender conditions and must follow the PWD manual (i.e., Security Deposit – 5%) while entering into contract with M/s Zonta infratech.

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As per the clarifications received from Government of Kerala, on 11/09/2020 a letter was forwarded to M/s Zonta infratech to sign the contract agreement based on the tender conditions and to follow the PWD manual for security deposit. M/s Zonta infratech reverted their unwillingness to sign the contract adhering to aforementioned tender conditions. On 25/09/2020 the above matter was put forth before the Council. The Council had decided to implement the tender procedures for bio-mining in Kollam Corporation through KSIDC (Kerala State Industrial Development Corporation, as the land having legacy waste includes the land assigned to start waste to energy plant and this land has been leased to KSIDC to start waste to energy plant. And also KSIDC has tendered similar bio-mining of legacy waste in Kochi, Kozhikode and Kannur Corporation.

¶215

State Level Advisory Committee (SLAC) convened on 5/11/2020 had suggested to conduct a meeting chaired by Principal Secretary (Urban affairs) to decide the course of action to be taken to start biomining before 19/1/2021 (date as per NGT order dated 2/11/2020). A preliminary meeting between KSIDC, Kollam Corporation and Zonta infratech was convened by Director of Urban Affairs on 18/11/2020, to discuss this matter. Also, on the same day and the next day, Principal Secretary himself had called a meeting to discuss the same matter to resolve the issue. Further on 24/11/2020 a meeting, chaired by Principal Secretary (urban affairs) was called to discuss the removal of legacy waste at Kureepuzha Kollam. Decisions arrived at were to render services of NIT Calicut for directing and supervising field survey for estimation of the legacy waste and monitoring its removal and related capping. And regarding payment to Zonta infratech, it will be made on a running bill basis monthly. Meanwhile, Kollam Corporation received a willingness letter from NIT Calicut through director urban affairs. Kollam Corporation has sent the summary about the project, details regarding the legacy waste to NIT Calicut. As per the instruction received from the Government, on 25/11/2020 bio mining file was handed over to director (urban affairs).

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On 10/12/2020, a meeting was chaired by Chief Secretary to discuss various cases relating to National Green Tribunal, in that meeting it was conveyed that a final order will be issued regarding the implementation of bio mining of legacy waste. On 22/12/2020, the bio mining file and a letter from Principal Secretary to Government was received; the letter stated that Kollam Corporation must take necessary steps for re-tender immediately. Also, it was suggested that the new tender document must adhere to CVC guidelines and PWD manuals. A letter was sent to the Suchitwa Mission to prepare a new tender document, since the previous tender document was prepared by Suchitwa Mission. Suchitwa mission has scrutinized the document and returned the document back by 05/01/2021. On 06/01/2021 after incorporating the corrections made by the Suchitwa mission, Kollam Municipal Corporation has plotted tender for Bio-mining of the Legacy waste at Kureepuzha, Kollam. The tender opening date is on 20/01/2021. During pre-bid meeting, taking into consideration the requests received form the participating bidders, tender submission date was extended up to 25/01/2021. On 27/01/2021, technical bid was opened; three bidders were participated. i.e., Zigma global environ solutions pvt ltd., SIDCO, Socio Economic Unit Foundation. Based on the evaluation and report of the technical committee it was found that only one bidder was technically qualified. As per the PWD manual, if only one bid is found eligible after technical evaluation it is considered as a single bid; so it has to be retendered. On 11/02/2021 retendered. A single bid during retender shall be acceptable. After the selection of the successful bidder the work will commence soon. Before signing the Bio-mining agreement, Council has given approval to assess the actual quantity of Legacy Waste dumped in Kureepuzha with the technical support of NIT Calicut. STATUS OF SOLID WASTE MANAGEMENT IN KOLLAM CORPORATION

¶217

The Kollam Municipal Corporation (KMC) has taken imperative steps to facilitate door to door collection of non-biodegradable waste, segregation of bio-degradable and non-biodegradable waste at source, conversion of biodegradable waste into compost at source itself and proper recycle or utilisation of the non-biodegradable waste for commercial purposes. NON-DEGRADABLE WASTE MANAGEMENT:

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¶219

Facilities provided by Kollam Corporation for the effective management of nondegradable waste are as follows:

¶220

Non-biodegradable waste collected from household and individual establishments by Haritha Karma Sena (HKS), an initiative of Govt. of Kerala and LSGD. Currently 182 HKS members work across 55 wards of KMC. Number of members working per health circle ranges from 1624. Most of the HKS members follow a monthly schedule for visit to households, although the daily working 9 Am – 5 Pm. Households are visited once in a month and Commercial establishments are visited twice in a month. Till December user fee collected by the HKS is Rs.35,00,000/-. User fee collected is deposited in bank account (Micro enterprise group account) monthly, from which income is taken by HKS.

¶221

Till December, HKS status shows that they been able to visit 83% of households and 70% of commercial establishment in KMC. So HKS introduced to a more systematic work culture i.e.: Each ward was divided into clusters with each cluster having 100-120 houses. A cluster book is maintained by HKS in which the collection can be recorded. The households also given a consumer card for their record The new collection system has been able to ensure 100% collection of nondegradable waste within six months.

¶222

A society of HKS will register within 3 months. A single point of contact for HKS is to be made by starting an Office for HKS. It can also serve as a point of sale for eco-friendly products. Also, a helpline number and an online portal must be made functional. The income generated now is only from user fee collected. But it will not sustain for a long run as the quantity of NBW is reducing by the introduction of new Government policies. Hence other income generating activities which include biodegradable waste management, compost/fertilizer repack and selling, cloth/paper bag production, Nursery/ farming etc. must be carried out. Haritha Karma Sena is trained to repair idle biogas plants in households, there will be a separate fee for it.

¶223

The collected non-biodegradable waste (NBW) is stored at the collection point i.e.: material collection facilities setup at each zonal. Around 250 mini MCF is being installed in Kollam Corporation. From MCF, non degradable waste is transported to material recovery facilities (MRF) at Anchalumood, which is having a shredding machine and bailing machine. At the Shredding Unit run by Corporation, 4 staff was employed to segregate, bale and shred nonbiodegradable waste. The final shredded plastics are sold to Clean Kerala Company, so far 5Tonne shredded plastic has been used in road tarring works by KMC itself. Moreover, in bailing unit plastic bottles, PP cover, Milma cover etc..Get bailed separately and sold to Clean Kerala Company for recycling. Meanwhile, we had conducted many drives for collecting hazardous wastes which is then sent to Clean Kerala Company (details were given below). Furthermore, 1 RRF (Resource Recovery Facility) is established and the second one is under implementation stage, each one has a floor area of 5000sqft to facilitate the separation and preparation of recyclable materials for marketing to end-user manufacturers.

¶224

Haritha Karma Sena is also collecting, segregating other nondegradable wastes rather than plastic wastes like iron, PET bottles, aluminium, PVC items, brass items, cardboards etc..from households and selling to scrap dealers thereby it generate extra revenue. Out of the generated 33.7 Tpd of Non-Degradable Waste, 25.563 Tpd is processed.

¶225

Details of non-degradable waste sold to clean	Kerala Company isgiven below:
Quantity of Non- Degradable Waste sold to Clean Kerala Company
Glass Waste
Tube Light	5T
Bailed Plastic	14T
Shredded Plastic	15T(given to different panjayaths and municipalitiesfor road tarring works)
Rejects and Leather Waste	27T
Dumbed Legacy Waste	263T
TOTAL	331 Tonne handed over to clean Kerala company for recycling

¶226

BIO-DEGRADABLE WASTE MANAGEMENT

¶227

Kollam Corporation has provided bio-degradable waste management facilities in source level like bio digesters, biogas plant, bio compost bins, pipe compost, ring compost) for treatment of Quantity of Non- Degradable Waste sold to Clean Kerala Company Glass Waste TubeLight 5T Bailed Plastic 14T Shredded Plastic 15T(given to different panjayaths and municipalities for road tarring works) Rejects and Leather Waste 27T Dumbed Legacy Waste 263T TOTAL 331 Tonne handed over to clean Kerala company for recycling biodegradable waste will be ensured at each household and commercial establishment. KMC has brought out provisions for availing subsidised bio compost bins for achieving 100% conversion of biodegradable waste at source itself. In community level Kollam Corporation has provided decentralised treatment systems Viz, aerobic composting units, community based bio gas plants. An integrated solid waste management with a waste to energy plant of 200Tpd capacity was proposed by Government of Kerala at Kureepuzha.

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The details of the Solid Management Facilities provided by Kollam Corporation( Subsidised) as well as procured by Individuals are furnished in the table below

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*BIODEGRADABLE WASTE MANAGEMENT*
*Treatment Facilities* *No’s*	*Quantity* *(TPD)*
*Household Level*
Biogas Plants(HH) 2100	4.2
Pipe Compost(HH) 1750	2.6
Bio composter(HH) 6954	27.5
Vermi composting(HH) 189	0.2
Ring compost(HH) 750	1.2
Compostpit(HH) 7025	10.50
Bucket compost(HH) 3200	4.8
*Community Level(Decentralized Facility)*
Aerobic Composting Unit 27	1.30
Biogas Plants(Community Level) 13	5.60
Informal Waste Collectors( Hotels and Chicken Stall)	25.0
*TotalQuantity of Bio- degradable waste treated*	*65.9TPD*

¶231

The total quantity of waste generated in Kollam Corporation is 112.45TPD. Of this 34 TPD is processed at source with the facilities provided by Kollam Corporation (Subsidized) as well as procured by Individuals (data from field survey conducted by HKS and agency deputed by KMC for Property mapping); about 6.9 TPD is processed at community level(decentralized facility) ; this facility is utilized by households (especially in slum areas)who are not having enough space for installation of source level treatment facilities. 25 TPD of chicken waste and hotel waste were collected by informal waste collectors. Hence, total 65.9TPD of biodegradable waste is treated out of 78.71TPD of biodegradable waste. A total of 54674 households out of 88332 households were benefitted with the completion of current financial year projects i.e., Kollam Corporation has allocated fund of Rs.4,95,00,000/for 27500 No. of bio composter (6954 supplied) in household level , biogas plants(2220 nos.)Rs.2,31,00,000/-; Ring compost (3018 no‟s- BPL families) Rs.75,45,000/- and 5500 compost pit(AUEGS fund). These projects are being in implementation stage; with the completion of above said projects within 31st March, 2021. The gap generated will be filled by implementing new waste management projects in the coming financial year (2020-2021). Also an amount of Rs.8,84,46,250/- has been allotted to Kollam Corporation for waste management projects from Swatch Bharat Mission (Urban) . In this Aerobic composting units (10No‟s), Material Collection Facilities (250 no‟s), Resource recovery Facility of 5000 Sqft (2 No‟s),90% of work allocated under this project is completed. With the advent of integrated solid waste management – Waste to Energy plant, Kollam Corporation is aiming to achieve the 100% management of Municipal Solid Waste. For this, Government of Kerala has selected Kureepuzha in Kollam Corporation to setup a Waste to Energy plant of 200Tpd with a Bio-Methanisation plant, Refuse Derived Fuel and a Landfill. For that 7.05 acres of land in Kureepuzha were leased to KSIDC (nodal agency) and Kollam Corporation has signed the concession agreement for the same. Historically, the Kureepuzha dump site was once a night soil depot since the early 1940‟s, the land was having less value over the period. Nearly 3 acres of land used for night soil depot was then converted on 2nd of October 1982 by the then Kollam municipality for dumping of municipal solid waste. Due to space constraints, Kollam Municipal Corporation has acquired an addition of 14.00 acres of land for safe management of municipal solid waste. Municipal solid waste segregation and Windrow Composting plant (with trommel of different sieve sizes, collection and bagging unit, rejection collection units etc..) was being constructed along with office building , canteen building, weigh bridge system, compound and fencing. The project was established with the consent of Pollution Control Board and was given consent to operate the said plant and scientifically made landfill. The proposed plant and other projects were tendered for an amount of Rs.10 Cores; the project was stalled due to public protest and court order and had to be closed early after spending an amount of Rs.6.80 Cores. The proposed project was intended to scientifically manage the Municipal solid waste that is being generated within the area of Kollam Municipal Corporation; but due to the protest from the public the project was stalled and the plant and machineries are kept idle from the early 2012. Further dumping of waste too is stalled from 2012.

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Kollam Corporation has put up health squads, .for checking the unauthorised disposal of waste. Major disposal areas were identified; surveillance cameras installed. Based on the information fines were imposed. An amount of Rs.1,24,775/- Jan- Dec 2018, Rs.1,25,020/Jan – Dec 2019,Rs.63,300/- from Jan- Dec 2020 were collected in the form of fines. Kollam Corporation is planning to provide additional source level treatment facilities for those houses that are not included in current year projects: Due to the Pandemic situation prevailed the implementation of below mentioned projects was delayed for the Financial Year 20-2021; the newly members are elected in December 2020, they are trying to implement the projects in the current financial year itself. If not the remaining as well as the new projects will be implemented in the coming financial year

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	*Table: List of projects th*	*at is inclu*	*ded in the financia*	*l year 2020-2021*
SL NO :	NAME OF PROJECTS	NO:	AMOUNT	Remarks
1	Biocomposter Bin	27500	Rs 4,95,00,000	6954 supplied and remaining 20546 will be distributed before 31st March,2021
2	Ringcompost	3018	Rs 75,45,000	_Implementation stage _
3	Biogasplants	2200	Rs.2,31,00,000	_Implementation stage _
4	Plastic washing machine	1	Rs.3,50,000	Tendering stage
5	Napkin destroying machine	5	Rs.2,75,000	Tendering stage
6	Mini MCF	250	Rs.1,54,00,000	Completed
7	Bio mining and scientific closure of legacy waste at old dump site, Kureepuzha, Kollam	1	Rs,10,00,00,000	Tendered
8	Organic Waste Shredding Machine	1	Rs.4,90,000	Tendering stage
9	Safety Equipments and other equipments for HKS and Sanitation _staffs _		Rs.14,23,000	Completed
10	3 Wheeler vehicles for Door to Door Collection (Haritha Karma Sena)	1	Rs.24,75,000	Implementation Stage
11	Bio Toilet for Islanders(family)		Rs. 15,00,000	Benificary Selected
12	Aerobic Compost unit – Sakthikulangara	2	Rs.10,42,000
13	Aerobic Compost unit – Kilikoloor	1	Rs.5,18,000	Completed
14	Aerobic Compost unit – Thrikkadavoor	2	Rs.10,42,000	1 Completed
15	Aerobic Compost unit – Central Zone 1	5	Rs.26,00,000	Completed
16	RRF at Kureepuzha	1	Rs.55,31,000	Completed
17	RRF at Mundalumoodu	1	Rs.55,31,000	Implementation stage
18	Aerobic Compost unit	10	Rs.85,00,000	8 Nos Completed
19	MCF	7	Rs.11,00,000	Completed
	Action Plan fo As per the dire Corporation is planning saidprojects and thepla	r the Next ctions rece to become nnedproje	Financial Year (202 ived from Hon. Nat a zero waste city w cts.	1-22) ional Green Tribunal, Kollam ith the implementation of the

¶235

Sl. No.	KEY ACTIONS		Deadline
1.	Door to door collection	Increasing and retaining door to door collection	June 2021
		Promote and ensure Segregation at source	June 2021
		Increase door to door collection from shops and establishments	June 2021
		Ensure segregation at shops/ establishment	June 2021
2.	Chicken waste management	Implementing proper collection and management of Chicken waste via rendering plant	June 2021
3.	Monitoring	Formation of Cluster monitoring committee for increasing compliance as per National Green Tribunal	March 2021
4.	IEC	Preparation of working draft and getting approval of the committee	March 2021
		Preparation of Handouts, audio/visual media	March 2021
		Conducting awareness Campaign: general public, stakeholders, Religious groups,	March 2021

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		Institutional level.
5.	Treatment of non bio degradable waste	Planning 2 more RRF at 2 points in city	March 2021
		Operation of already constructed RRF	February 2021
		Planning MCF at 144 Points in city	February 2021
		Implementation of MCF at 144points	March 2021
		Operation of already installed MCF	February 2021
		Bailing and Shredding machines(for RRF)	March 2021
		Weigh bridge (10 ton) (for RRF)	March 2021
6.	Treatment of	Bio Composter(25,000 Nos. Household level)	March 2021
	biodegradable	Biogasplant(10,000 Nos- Household level)	March 2021
	waste	Compost Pit(10,000 Nos at Household level)	March 2021
7.	Vehiclefor waste	collection -Tipper lorry	June 2021
8.	Waste to Energy ( Municipal Solid w	Bio-Methanisation, RDF) Plant (200 Tpd) for aste Management	Implementation _Stage _

¶238

24. Thereafter, this Tribunal passed the following order :

¶239

1) It is seen from the reports that as far as the legacy waste is concerned, there was so much improvement and no amount of legacy waste has been processed so far. As regards as the implementation of the Solid Waste Management Rules, 2016 is concerned, it is quite unfortunate that they are insisting for in situ management of Bio degradable waste at the source itself without taking any effort to collect the same and dispose the same in a scientific manner as required under the rules. In most of the places where the in situ process that has been insisted by the local bodies are not working properly and it is likely to create another pollution problem of non disposal of the by-products that is being obtained by using the bio-gas system that has been provided if there is no place for disposal of the same in the households in a scientific manner without affecting the environment otherwise it will be a place for breeding mosquitoes and result in serious health hazards in those areas. So it is high time for the local bodies to consider the question of collection, segregation and disposal of all type of wastes the manner in which it has been provided under the Solid Waste Management Rules, 2016 instead of delegating that work to the people, who are generating the wastes itself as there is no proper mechanism to supervise the same as to whether they are properly done or not.

¶240

2) Further, it is against the rules as well The Kollam Municipal Corporation has to take steps to see that all type of wastes that both bio-degradable and non bio-degradable are being collected segregated and disposed as required under Solid Waste Management Rules, 2016 in its letter and its spirit, so as to protect the environment as that was expected while enacting such rules by the Ministry of Environment, Forests and Climate Change (MoEF & CC) invoking the power under Section „3 „ of the Environment (Protection) Act, 1986.

¶241

3) However, they have come with some action plan that on the basis of the present action plan, they may be able to dispose of the legacy waste by June 2021 and other works regarding implementation of disposal of waste that is being generated in that Corporation and make the Corporation a waste free Corporation. Let us hope that at least this time they will do the same with taking all earnest effort.

¶242

4) The earlier directions to produce performance guarantee for complying with the undertaking given by them has been stayed by the Hon‟ble High Court and they have been directed to furnish 50% of the amount suggested by this Tribunal and the learned counsel appearing for the 4th respondent submitted that the same has been complied with.

¶243

5) Considering the circumstances, we feel that some more time can be given to the Kollam Municipal Corporation to implement the present action plan that has been undertaken by them for implementation of the Solid Waste Management Rules, 2016 in its letter and its spirit subject to the orders already passed by the Principal Bench in O.A. No. 606 of 2018 fixing the compensation slab for implementation of the Solid Waste Management Rules, 2016 in the local bodies.

¶244

6) It is seen from the report of the Kerala State Pollution Control Board (KSPCB) that they have already issued a show cause notice imposing an environmental compensation in tune with the directions issued by the Principal Bench of national Green Tribunal in O.A. No. 606 of 2018.

¶245

7) The Kerala State Pollution Control Board is also directed to file a further progress report and also further action taken report regarding the implementation of the Solid Waste management Rules, 2016 in Kollam Municipal Corporation.

¶246

8) The learned counsel appearing for the applicant in O.A. No.439 of 2013 submitted that in spite of the stringent directions issued by this Tribunal, there was no improvement of

¶247

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¶248

disposal of legacy waste which is being dumped in present dump yard situated very near to the residential areas.

¶249

9) However, considering the fact that certain undertakings have been given and also certain action plans have been provided by the Kollam Municipal Corporation in view of the change of administration after the local bodies‟ election, we feel that some opportunity can be given to them to implement the same. But that will be subject to the orders already passed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 only.

¶250

10) If the Kollam Corporation wants any modification of that order that they will have to move the Principal Bench of National Green Tribunal and get appropriate orders in that regard.

¶251

11) The Kollam Corporation, the District Collector, Kollam District, State Level Monitoring Committee and the Kerala State Pollution Control Board (KSPCB) are directed to file their progress report regarding the implementationof the action plan now undertaken by the Kollam Corporation by 31.03.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.

¶252

12) The Registry is directed to communicate this order to the Kerala State Pollution Control Board, District Collector Kollam District, and the Chairman, state level Monitoring Committee as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction. The Chief Secretary and the Principal Secretary of Environment and local administration of State of Kerala are also informed of the order. So they can follow up the same in an effective manner and submit their further progress report in this regard.”

¶253

25. Thereafter, the case was taken up on 26.07.2021 and on that day, this Tribunal considered the additional report submitted by Justice A.V. Ramakrishna Pillai, Chairman, State Level Monitoring Committee in compliance with order dated 15.02.2021, and the same was extracted in

¶254

Para 4 of the order, which reads as follows:-

¶255

“Additional Report

¶256

Dissatisfied with the Solid Waste Management by the Kollam Municipal Corporation, this Hon‟ble Tribunal on 15^th February, 2021 has ordered as under:

¶257

“The Kollam Corporation, the District Collector, Kollam District, State Level Monitoring Committee and the Kerala State Pollution Control Board (KSPCB) are directed to file their progress report regarding the implementation of the action plan now undertaken by the Kollam Corporation by 31.03.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.”

¶258

From the details collected through the Kerala State Pollution Control Board, the progress so far made by the Kollam Municipal Corporation as far as Solid Waste Management is concerned, can be summed as follows:

¶259

(a) Bio Mining of the legacy waste dumped at the Kureepuzha site. (1) It is informed that a meeting at the Government Level chaired by the Chief Secretary was convened on 10.12.2020 to discuss the various issues relating to the cases now pending before the Tribunal.

¶260

(2) By letter dated 22.12.2020, the principal Secretary to Government informed the Kollam Municipal Corporation to take necessary steps immediately for re-tendering the work of bio-mining, ad-hearing to CVC and PWD manuals.

¶261

(3) On 06.01.2021, the corporation has plotted tender for bio-mining of legacy waste at Kureepuzha. However, in the pre-bid meeting, taking the request received from the participating bidders into consideration, tender submission date was extended up to 25.01.2021.

¶262

(4) On 27.01.2021, the technical bid was opened. Out of the three bidders participated only one bidder was technically qualified on the basis of evaluation and report of the technical committee. As per PWD manual, if only one bidder is found eligible after technical evaluation, it has to considered as a single bid and therefore, it has to be re-tendered. (In this context it may be pointed out that before signing the bio-mining agreement the council has given approval to assess the actual quantity of legacy waste at Kureepuzha site with the technical support of NIT, Calicut.)

¶263

(5) On 11.02.2021, the work was re-tendered. (6) The technical bid was opened on 25.02.2021. Out of the three bidders participated, only one bidder i.e. Zigma Global Environ Solution Private Limited was found technically qualified for the next stage, as per the evaluation of the technical committee.

¶264

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¶265

(7) On 02.03.2021, a team from NIT Calicut conducted the drone based survey for assessing the entire quantity of legacy waste at the site.

¶266

(8) On 04.03.2021, the financial bid of the company which qualified the technical bid was opened.

¶267

(9) As the rate quoted by the bidder for bio-mining is higher than the scheduled rate, a negotiation meeting was called by the Municipal Corporation 17.03.2021. However, despite the negotiation the rate is still higher than the scheduled rate. Therefore, the matter has to be placed before the Government for approval after being put to the council for a decision. It is also informed that due to the existing code of conduct due to the proposed general election to the Kerala legislative Assembly permission was sought for from the Election Commission to proceed with the signing of the agreement.

¶268

(b) Waste to Energy Plant

¶269

(1) M/s Venad Waste Management Solutions Pvt. Ltd has submitted the draft DPR for the integrated Solid Waste management project with a waste to Biogas facility of 200 TPD.

¶270

(2) DPR was evaluated by the Committee and it has been modified and the final DPR was submitted to LSGD.

¶271

It was further informed that steps have been taken to submit application to the departments concerned for statutory approvals.

¶272

(c) Status regarding door-to-door collection and disposal of solid wastes

¶273

In the earlier report submitted on 09.01.2021 the status till December, 2021 was given. Kindly see the schedule appended as Annexure-X-1 for the progress till March, 2021. The data now available shows slight improvement in the number of houses having door to door collection”

¶274

26. This Tribunal also considered the annexure produced along with the

¶275

report extracted in Para 5 of the order, which reads as follows:-

¶276

		Status of Solid w Corporation	aste management in Kollam Corporation	(As per the report of	Kollam
No.	Item	May, 2020	October, 2020	December, 2020	March, 2021
1.	Name of Corporatio n	Kollam	Kollam	Kollam	Kollam
2.	Population (2011)	3,97,000	3,97,000	3,97,000	3,48,657
3.	Number of Wards	55	55	55	55
4.	Number of households	88,332	88,332	88,332	88,332
5.	Numberof Establishm	9,825	9,825	9,825	9,825
	ent s
			HOUSEHOLDS
6.	Number of Households having segregation at source	52,899 (59.9%)		71,168 (80.6%)	73,310 (83%)
7.	No. of HHS having Door to Door Collection for dry waste	52,899 (59.9%)	Initiated cluster form with 18 HKS in one zonal area ensure	71,168 (80.6%)	73,310 (83%)
8.	No. of HHs having Door to Door collection of wet waste	NIL	100% door to door collection	NIL
			ESTABLISHMENTS
9.	Number of establishment s are having segregation at source	4800 (48.9%)		4800 (48.9%)	4800 (48.9%)
10.	Number of establishment s are having door to door collection	4800 (48.9%)		4800 (48.9%)	4800 (48.9%)
			NON-BIODEGRADABLE COLLECTION F	ACILITY
11.	Number of Haritha	124	182	173	173

¶277

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¶278

Karmasena
12 Material 7 131 131
collection
facility
13 Resource 1 2 2 1
recovery
facility
14 No. of 2 4 4(proposed
Vehicle for purchase
of more
vehicles)
15 Non- Glass 7T 25.5TPD 341 T
biodegradable Tubelight 5T (Weight of
wastes Bailed Plastic 14T scrap
Shredded 15T collected is
Plastic not
Rejects and 27T included.
leather waste
Dumped legacy 263T
waste
Bio Households No. of Households No. of TPD Working No. of Working TPD No. of Working TPD
degradable Working
waste Household level Household level
Pipecompost 462 Pipecomp 750 1.5 Pipeco 1750 2.6 Pipecompost 634 1.
ost mpost 5
Biogasplant 1273 Biogaspla 1591 7.955 Biogas 2100 4.2 Biogasplant 2100 4.
Biocomposte 720 nt plant 2
r, biobin, pot
bin
Total 2455 Biocompost 2750 55 Bio gin 6954 13.9 Biogin 8200 27
erbiogin, 0 .5
pot bin
(being
supplied)
Communityle On going Ring 750 1.2 Ring compost 750 1.
vel comp 2
ost
BiogasCommu 13 Total 29841 (includingongoing) Bucket 3200 4.8 Bucket 3200 4.
nity Compost Compost 8
level
Aerobind 13 Community Level Comp 7025 10.5 Compost pit 7025 10
ost pit .5
Biogas 13 6 Vermi 35 0.07 Vermi compost 35 0.
Communi comp 07
ty Level ost
Aerobin 27 14 Total 218 37.27 Total 21944 49
14 .7
7
Community level Community level
Biogas 13 5.6 Biogas Community 13 5.
Commu Level 6
nity
Level
Aerobin 26 1.3 Aerobin 26 1.
3
QUALIFICATION OF WASTE AS REPORTED BY KOLLAM CORPORATION
2206 houses Total quantity of 112.5 TPD Total quantity of 112.5 TPD Total quantity of waste 112.5 TPD
and 68 waste generated waste generated generated
establishments Quantity of waste 20.07 Quantity of wet 44.1 Quantity of wet waste 44.1
are having Processed TPD waste TPD Processed at household TPD
source level Processed at and establishment level
treatment household and
establishment level
14.5 TPD i Quantity of waste 25TPD Quantity of dry 25.5 Quantity of dry 25.5
10.5 TPD is collected by waste processed TPD waste processed TPD
collected and informal waste
treated collector i.e.
chicken waste
10TPD
Hotel Waste 15 TPD
Quantity of waste 71.92 Quantity of waste 25TPD Quantity of waste 25TPD
that can be TPD collected by collected by
processed (including (Ongoi ng informal waste informal waste
ongoing project collectors i.e. collectors i.e. chicken
projects) 71.92 TPD ) chicken waste 10 waste 10
TPD hotel waste TPD hotel waste 15TPD
15TPD
Total 94.66 Total 94.66
TPD TPD

¶279

27. This Tribunal also considered a further progress report dated 22.06.2021 e-filed on 26.07.2021 filed by Kollam Municipal Corporation extracted in Para 6 of the order, which reads as follows:-

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28. This Tribunal also considered the progress report filed by the Principal Secretary (Urban) Local Self Government Department on behalf of the Chief Secretary and Principal Secretary, Environment Department extracted in Para 10 of the order, which reads as follows:

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29. They have given some details regarding the steps taken by them for the purpose of establishing Solid Waste Management facility at Kureepuzha of Kollam District, which is the subject matter of this case. Thereafter, this

¶290

Tribunal passed the following order:-

¶291

“There also they have not given any time limit within which they will complete these processes and complete the disposal of legacy waste. We do not want any promise from the Corporation as well as from the State Government of their responsibilities for implementing the Solid Waste Management Rules, 2016 and also disposal of the legacy waste. If the slogan that is being launched by State of Kerala “Malinya Muktha Keralam” has to come to a reality, then each responsible department to implement the same, will have to rise to the occasion and see that things are done in a proper way. Now, the Learned Counsel appearing for Kollam Corporation has put a lame excuse of the monsoons for not being able to proceed with the work but quite unfortunately the issue has been pending before this Tribunal from 2013 and it was pending before the Hon‟ble High Court from 2012 onwards. Still we are in the same stage at which it originally stood without any improvement regarding the disposal of the legacy waste that is lying in the dumpyards. The State Departments and the Higher Level Officers must also bestow their attention and rise to the occasion and see that the directions issued by the Tribunal will have to be implemented in its letter and spirit in a speedy way as damaged environment will result in further calamities especially when the State of Kerala is now facing very difficult situation that has been created by the second wave of Corona virus and also further by Zika virus. Since, Zika virus is spread through mosquitoes, if the dumpyards in the State are not properly maintained and disposed of the legacy waste scientifically, there will be every possibility of increased mosquitoes population and then this menace will continue and they can even expect further new viruses being transmitted affecting the health of the people in general. So, it is high time for the municipal local bodies as well as State Departments to take the environmental issues very seriously and take appropriate steps with a shorter timeline and find out methods to see that the directions of the Tribunal are implemented in its letter and spirit and showing some results to the satisfaction of the Tribunal which unfortunately is not happening in these cases.

¶292

(i) We are really dissatisfied in the manner in which the mechanism and governance of environmental issues being tackled by the Authorities of Government of Kerala. This is not the issue in respect of Kollam Corporation alone. There are other issues in respect of Bhramapuram and other waste management facilities in respect of which cases are pending before this Tribunal with a same result.

¶293

(ii) Even in O.A. No. 606 of 2018, the Principal Bench had heavily come on the failure on the part of the State of Kerala in respect of non- implementation of the Solid Waste Management Rules, 2016 in the manner in which it was expected to be carried out. So under such circumstances, we direct the Chief Secretary, State of Kerala, Principal Secretary for Environment, Principal Secretary for Local Administration and Revenue to come with a concrete proposal with timeline within which the directions of the Tribunal will be implemented otherwise, the respective Department will be facing the consequences of having to pay the environmental compensation as fixed by this Tribunal for committing violations of the statutory provisions which results in environmental degradation. They are directed to come with concrete proposal and also timeline within which these things will be implemented and we expect the Chief Secretary, State of Kerala will look into the issue personally in consultation with the other stakeholders and see that the directions of the Tribunal are implemented in its letter and spirit and also the directions issued by the Principal Bench in O.A. No. No. 606 of 2018 as well to avoid further consequential orders being issued by this Tribunal. The State Pollution Control Board including Kollam City Corporation are also directed to file their further status report after evaluating the situation of implementation of Solid Waste Management Rules, 2016 in Kollam Corporation and status of disposal of legacy waste in the disputed dumpyard and action taken from their side in this regard before the next hearing date.

¶294

(iii) They are directed to submit the further progress report and also steps taken as directed by this Tribunal on or before 26.08.2021 by e-filing in the form of Searchable

¶295

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¶296

PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.

¶297

(iv) The Registry is directed to communicate this order to the members of the Committee and also to the official respondents in both the cases, Chairman, State Level Monitoring Committee, Kerala and also the Chairman, State Pollution Control Board and Chief Secretary, Principal Secretaries for Environment, Local Administration, Finance and Revenue for their information and also for taking immediate steps for preparation of proper action plan with shorter timeline has this Tribunal as granted enough time for them to implement the same to avoid further consequential orders from this Tribunal.”

¶298

30. The case was again taken up on 14.09.2021 and considered the status report submitted by Kollam Municipal Corporation e-filed on 25.08.2021 extracted in Para 3 of the order giving the schedule of work to be conducted by the agency to whom the work was entrusted.

¶299

31. This Tribunal also considered the report submitted by Pollution Control Board dated 28.04.2021 e-filed on 25.08.2021 extracted in Para 4 of the order and also considered the report submitted by 2^nd Respondent/Local Self Government Department dated 13.09.2021 extracted in Para 5 of the

¶300

order:

¶301

“REPORT FILED ON BEHALF OF 2ND RESPONDENT/ LOCAL SELF GOVERNMENT DEPARTMENT ON BEHALF OF CHIEF SECRETARY

¶302

It is submitted that the 2nd Respondent herein has been directed to file Status Report in the above Original Application as per the direction of this Hon‟ble National Green Tribunal dated 26.07.2021. It is humbly submitted that the Kollam Corporation/4th Respondent invited tender on 23-10-2019 for Bio-mining of legacy waste dumped on 2.5 Acres. M/s Zonta infratech Pvt. Ltd. was awarded the work on the lowest bidder basis. After the selection process was over the selected bidder visited the site and put forth a suggestion to reverify the quantity of legacy waste.

¶303

It is submitted that the survey was carried out by the selected bidder and it was reported that there exists an additional quantity of 71,974m3 (including the legacy waste dumped on the land leased for KSIDC). The amount corporation estimated for the project was Rs.3,82,85,000; with the increase in the quantity the amount will increase to Rs.10,66,60,300/-, if the total quantity of waste is cleared there will be a threefold hike in both quantum and price.

¶304

It is submitted that M/s. Zonta Infratech Pvt Ltd has requested to provide 25% of the contract value as mobilization advance for the newly arrived quantity and that the amount of performance guarantee (5%) to be remitted may be deducted from each of Running Amount bill at a reduced rate of 2.5% of contract value which are not in tune with the Kerala Public Works Department (PWD) manual and prevailing Government orders. As the council being the decision-making authority of Kollam Municipal Corporation, they decided to get approval from the Government to sanction 25% of the contract value as mobilization advance and that the amount of performance guarantee (5%) to be remitted may be deducted from each of Running Amount bill at 2.5% of contract value; as it is a mandate to get concurrence from the State Government if any such changes as requested is to be made in the agreement. It is submitted that Government has directed Kollam Corporation/4th Respondent not to vary from the tender conditions and must follow the PWD manual (i.e., Security Deposit – 5%) while entering into contract with M/s Zonta infratech. On 11/09/2020 a letter was forwarded to M/s Zonta infratech to sign the contract agreement based on the tender conditions and to follow the PWD manual for security deposit. M/s Zonta infratech reverted their unwillingness to sign the contract adhering to aforementioned tender conditions. On 25/09/2020 the above matter was put forth before the Council. Further on 24/11/2020, a meeting chaired by Principal Secretary (urban affairs) was called to discuss the removal of legacy waste at Kureepuzha Kollam. It is submitted that a decision was made to render services of NIT Calicut for directing and supervising field survey for quantification of the legacy waste at Kureepuzha dumpsite. Meanwhile, Kollam Corporation/4th Respondent received a willingness letter from NIT Calicut through Director Urban Affairs.

¶305

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¶306

It is submitted that In the meantime Government directed Kollam Corporation/4th Respondent to take necessary steps for re-tender immediately. It was also suggested that the new tender document must adhere to CVC guidelines and PWD manuals.

¶307

It is submitted that Kollam Corporation/4th Respondent has requested Suchitwa Mission to prepare a new tender document, since the previous tender document was prepared by Suchitwa Mission. Suchitwa mission has scrutinized the document and returned the document back by 05/01/2021.

¶308

It is submitted that on 06/01/2021 after incorporating the corrections made by the Suchitwa mission, Kollam Municipal Corporation/4th Respondent has plotted tender for Bio-mining of the Legacy waste at Kureepuzha, Kollam.

¶309

It is submitted that on 27/01/2021, technical bid was opened; three bidders participated. i.e., Zigma Global Environ Solutions Pvt Ltd., SIDCO, Socio Economic Unit Foundation. Based on the evaluation and report of the technical committee it was found that only one bidder was technically qualified. As per the PWD manual, if only one bidder is found eligible after technical evaluation then it is considered as a single bid; so, it has to be retendered. Before signing the Bio-mining agreement, Council has given approval to assess the actual quantity of Legacy Waste dumped in Kureepuzha with the technical support of NIT Calicut. 4 It is submitted that on 11/02/2021 Kollam corporation/4th Respondent has retendered the project. The Technical bid was opened on 25/02/2021; three bidders participated Viz, Zigma Global Environ solutions pvt Ltd., Geethanjali Environ Solutions Pvt Ltd. and Socio-economic Unit Foundation were participated. On 01/03/2021, Technical Evaluation committee was held; the Technical Committee members evaluated the documents and the bidders had done a presentation before the committee members regarding their methodology.

¶310

It is submitted that based on the technical committee evaluation only one bidder i.e., (Zigma Global Environ Solutions Pvt Ltd.) found technically qualified for the next stage. On 04/03/2021 financial bid of qualified bidder ie, Zigma Global Enviro Solutions Pvt Ltd was opened. Meanwhile, on 02/03/2021, a team from NIT Calicut has conducted the dronebased survey for assessing the entire quantity of legacy waste at Kureepuzha. It is submitted that as the quoted rate for the Bio-mining process by the lowest bidder is higher than the scheduled rate; a negotiation meeting (17/3/2021) was called for by Kollam Municipal Corporation/4th Respondent. Despite the negotiation, the negotiated rate is higher than the scheduled rate. On 22/3/2021, based on the approval from council, Kollam Corporation/4th Respondent has forwarded this matter to Government for approval. In between, the survey report has been submitted by NIT Calicut and the total quantity of legacy waste at an extent of 5.5 acres is 104906m3 found accordingly. It is submitted that Government have approved the rate negotiated by Zigma Global Environ Solutions Pvt. Ltd and this matter was approved by the Council on 17/6/2021. Letter of acceptance has been issued on 28/6/2021 and the agreement was signed on 10/7/2021. Work order and site handing over has been done on 12/7/2021.

¶311

It is submitted that On 2/8/2021, as a first step of starting of work, nearly 8 acres of vegetative growth over the legacy waste dump site area and its boundaries were cleared and debris were removed for easy conveyance of machineries and setting up of equipment‟s. on 3/08/2021, the contractor has conducted a drone based survey in the presence of KMC officials to ascertain the quantity assessed by NIT Calicut. On 14/08/2021, Excavator for windrowing the legacy waste reached the site. On 17/08/2021, entire area was cleared and is ready for placing the heavy duty machineries and other equipment‟s which will reach the premises on 26/08/2021.

¶312

It is humbly submitted that after setting up the machineries, the work will commence soon and expected to be completed within 12 months (based on climatic condition it may vary) from the date of signing of agreement. A meeting was conducted on 17/08/2021 in the presence of Mayor, Kollam Corporation to evaluate the progress of the project, in which Mayor has directed the contractor to finish the work as soon as possible regardless of the completion period stated in the bid. It is humbly submitted that the contractor has assured that they will complete the entire process before the stipulated time schedule, unless the monsoon arrives unexpectedly. This is due to the fact that, the Ashtamudi Lake is situated close to the legacy waste area; under odd circumstances, there is a chance of flow of leachate and may pollute the lake.

¶313

It is humbly submitted that Kollam Corporation/4th Respondent guarantees that they will provide all support needed for the completion of the project by following the orders of this Hon‟ble Tribunal.

¶314

Therefore it is humbly prayed that this Hon‟ble Tribunal may be pleased to allow enough time to complete this project within 12 months from the date of execution of the agreement and thus render justice.”

¶315

32. The Tribunal also considered the report submitted to the District Collector Kollam District, extracted in Para 6 of the order which reads as

follows:-

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33. Thereafter, this Tribunal passed the following order:-

¶320

“1. It is seen from the report submitted by the official respondents, including the Kollam Corporation that the tender process of entrusting the bio-mining has been completed and it has been handed over and the agreement was executed by the successful bidders and they have already started their working.

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2. The report submitted by the Kerala State Pollution Control Board (KSPCB) shows that the Kollam Corporation had submitted application for renewal of the Authorisation under Solid Waste Management Rules, 2016 and the same is under process and the „Consent to Establish‟ for the proposed waste to Energy plant at Kureepuzha is not yet submitted by the Kollam Corporation. It is also mentioned that the Board has already taken up a sanitation survey of the Ashtamudi Lake for identifying and controlling the pollution of the Lake and a number of divisions of the corporation also come under the survey along with 13 Grama Panchayat areas. The survey is in progress.

¶323

3. The learned counsel appearing for the Kerala State Pollution Control Board (KSPCB) wanted this Tribunal to direct the Kollam Corporation not to do any activity which may cause pollution to Ashtamudi Lake which is declared as a Ramsar water body.

¶324

4. The learned counsel appearing for the Kollam Corporation submitted that they will take all steps to protect the water body and they will not cause any pollution on account of their activities to the water body.

¶325

5.The counsel appearing for the Kerala State Pollution Control Board (KSPCB) also submitted that there is a stream (Manichi Thodu) running near the Kollam KSRTC Bus Station and the waste dumped in the stream (Manichi Thodu) also reach the Ashtamudi Lake and the Corporation may be directed to take appropriate steps to clear the same.

¶326

6.The learned counsel appearing for the Kollam Corporation submitted that they will take all necessary steps to avoid any pollution being caused to the Ashtamudi Lake and they will also take steps to clean the stream (Manichi Thodu) to prevent waste from reaching the Lake. 7. The Kerala State Pollution Control Board is also at liberty to monitor the activities of the Kollam Corporation in carrying out the bio-mining and if there is any violation found, they are at liberty to take appropriate action against the Kollam Corporation strictly in accordance with law.

¶327

8. The counsel appearing for the applicants in both the cases submitted that the Kollam Corporation has not even mentioned within what time the bio-mining will be completed, and in fact due to the continues efforts made by this Tribunal, something is happening and the people in the locality are suffering the pollution in that area for the last 13 years.

¶328

9. The Kerala State Pollution Control Board (KSPCB) had already initiated proceedings against the Kollam Corporation for non-implementation of the solid Waste Management Rules, 2016 as directed by the Principal Bench in O.A. No. 606 of 2018 and the earlier Writ Petition has been filed apart the order passed by this Tribunal. The learned counsel appearing for the applicant in O.A. No. 439 of 2013 (SZ), submitted that the Writ Petition has been withdrawn by the Kollam Corporation and no Writ Petition is pending before the Hon‟ble High Court of Kerala at present against the orders passed by this Tribunal.

¶329

10. The Kerala State Pollution Control Board (KSPCB) is at liberty to proceed with the proceedings which were already initiated against the Kollam Corporation for non-compliance of the Solid Waste Management Rules, 2016 within that Corporation as directed by the Principal Bench in O.A. No. 606 of 2018 and they can file the report to this Tribunal regarding the progress of the same as well.

¶330

11.The District Collector, Kollam District and the Kerala State Pollution Control Board (KSPCB) are directed to monitor the progress of the biomining that is being undertaken by the Kollam Corporation through M/s. Zigma Global Environ Solution Private Limited and if there is any violation found, they are directed to take appropriate action against the Kollam Corporation and the contractors. All necessary steps will have to be taken by the Kollam Corporation as well as the District Collector, Kollam District to avoid any pollution being caused to Ashtamudi Lake as well as to the (Manichi Thodu) stream and if there is any pollution caused, the Kerala State Pollution Control Board (KSPCB) is directed to take appropriate action against the persons, who are responsible for causing such pollution in accordance with law and also take remedial measures to resolve the issue.

¶331

12.The learned counsel appearing for the applicant in O.A. No. 456 of 2013 (SZ) submitted that the new project which they are going to establish for implementation of the Solid Waste Management Rules, 2016 is in the Coastal Regulation Zone and it is likely to affect the Ashtamudi Lake. They have also submitted that CRZ clearance had already been granted for that purpose and that is also under challenge before the Hon‟ble High Court of Kerala. Ashtamudi Lake is under consideration of Hon‟ble High Court of Kerala, we are not expressing any opinion regarding the same.

¶332

13. If the applicant has got any grievance regarding the issuance of coastal zone clearance for this project, he is at liberty to challenge the same before the appropriate forum and get redressal for the same in accordance with law.

¶333

14.However, the Pollution Control Board can monitor the activities and if there is any violation, they are directed to take appropriate action against the violator in accordance with law including imposition of environment compensation for the damage caused to the environment on account of such activities.

¶334

15.The Kollam Corporation is also directed to implement the projects strictly in accordance with law without causing any pollution to the water body or nuisance to the people in the locality and that must be subject to the directions if any, to be issued by the Hon‟ble High Court of Kerala in respect of the pending matter regarding this issue. 16.It is seen from the report submitted by the Pollution Control Board that for the waste to Energy project, no „Consent to Establish‟ has been obtained. It is seen from the report

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submitted by the Kollam Corporation that they will be taking steps for getting necessary clearances before establishing that project and if they start the project without getting the necessary clearances as required under the environmental laws, then the respective authorities are at liberty to take appropriate action against the Kollam Corporation for such violation as well. All these things can be done by the respective regulators, even without any directions from this Tribunal and pendency of this matter is not a ground for not taking any action which they are expected to take which law insist to protect environment. 17.The Kollam Corporation, the Pollution Control Board and the District Collector, Kollam District are also directed to file the periodical report regarding the progress of the bio-mining and also implementation of the Solid Waste Management Rules, 2016 within Kollam Corporation.

¶337

18. The above officials are directed to submit the respective reports to this Tribunal on or before 15.12.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules. 19.The Registry is directed to communicate this order to the Kerala State Pollution Control Board (KSPCB), District Collector Kollam District, as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction. The Chief Secretary and the Principal Secretaries of Environment and local administration of State of Kerala are also to be informed of the order, so that they can follow up the same in an effective manner and submit their further progress report in this regard.

¶338

20.The Principal Secretary for Environment is also directed to monitor the progress of the bio-mining and other implementation of the Solid Waste Management Rules, 2016 including the establishment of waste to Energy plant and other waste management facility strictly in accordance with law and if there is any violation found, they are also directed to take appropriate steps to implement the law in its letter and spirit by the Kollam Corporation.”

¶339

34. The case was then posted to 15.12.2021 for consideration of further report. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly it was taken up to 21.04.2022. On that day this Tribunal considered the action taken report submitted by the Kollam Municipal Corporation dated nil e-filed on 14.12.2021 extracted in Para 3 of the order, which reads as follows:-

¶340

“Status Report of Bio mining of Legacy Waste at Kureepuzha (OA No: 439/2013 and OA No 456/2013)

¶341

Kollam Municipal Corporation has plotted tender for Bio-mining of the Legacy waste at Kureepuzha, Kollam. On 27/01/2021, technical bid was opened; three bidders participated. i.e., Zigma global environ solutions Pvt ltd., SIDCO, Socio Economic Unit Foundation. Based on the evaluation and report of the technical committee it was found that only one bidder was technically qualified. As per the PWD manual, if only one bidder is found eligible after technical evaluation then it is considered as a single bid; so, it has to be retendered. Before signing the Bio-mining agreement, Council has given approval to assess the actual quantity of Legacy Waste dumped in Kureepuzha with the technical support of NIT Calicut. On 11/02/2021 Kollam corporation has retendered the project. The Technical bid was opened on 25/02/2021; three bidders participated Viz., Zigma Global Environ solutions pvt. Ltd., Geethanjali environ solutions pvt. Ltd. and socio-economic unit foundation were participated. On 01/03/2021, Technical Evaluation committee was held; the technical committee members evaluated the documents and the bidders had done a presentation before the committee members regarding their methodology. Based on the technical committee evaluation only one bidder i.e., (Zigma Global Environ Solutions Pvt. Ltd.) found technically qualified for the next stage. On 04/03/2021 financial bid of qualified bidder i.e., Zigma Global Enviro Solutions Pvt. ltd was opened. Meanwhile, on 02/03/2021, a team from NIT Calicut has conducted the drone-based survey for assessing the entire quantity of legacy waste at Kureepuzha. As the quoted rate for the Bio-mining process by the lowest bidder is higher than the scheduled rate; a Negotiation meeting (17/3/2021) was called for by Kollam Municipal Corporation. Despite the negotiation, the negotiated rate is higher than the scheduled rate. On 22/3/21, based on the approval from council, this matter has been sent to Government for approval. In between, the survey report has been submitted by NIT Calicut Page 7 of 25 and the total quantity of legacy waste at an extent of 5.5 acres is 104906m3 found accordingly.

¶342

On 7/6/2021, a letter from Government has received stating the approval of rate(1130/m3) negotiated by Zigma Global Environ Solutions Pvt Ltd and this matter was approved by the Council on 17/6/2021. Letter of acceptance has been issued on 28/6/2021 and the agreement was signed on 10/7/2021. Work order and site handing over has been done on 12/7/2021. Status Report of Bio mining of Legacy Waste at Kureepuzha (OA No: 439/2013 and OA No

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456/2013) Kollam Municipal Corporation has plotted tender for Bio-mining of the Legacy waste at Kureepuzha, Kollam. On 27/01/2021, technical bid was opened; three bidders participated. i.e., Zigma global environ solutions Pvt. Itd., SIDCO, Socio Economic Unit Foundation. Based on the evaluation and report of the technical committee it was found that only one bidder was technically qualified. As per the PWD manual, if only one bidder is found eligible after technical evaluation then it is considered as a single bid; so, it has to be retendered. Before signing the Biomining agreement, Council has given approval to assess the actual quantity of Legacy Waste dumped in Kureepuzha with the technical support of NIT Calicut. On 11/02/2021 Kollam corporation has retendered the project. The Technical bid was opened on 25/02/2021; three bidders participated Viz, Zigma Global Environ solutions pvt. ltd, Geethanjali environ solutions pvt ltd and socio-economic unit foundation were participated. On 01/03/2021, Technical Evaluation committee was held; the technical committee members evaluated the documents and the bidders had done a presentation before the committee members regarding their methodology. Based on the technical committee evaluation only one bidder 1.e., (Zigma Global Environ Solutions Pvt Ltd.) found technically qualified for the next stage. On 04/03/2021 financial bid of qualified bidder ie, Zigma Global Enviro solutions Pvt ltd was opened. Meanwhile, on 02/03/2021, a team from NIT Calicut has conducted the drone-based survey for assessing the entire quantity of legacy waste at Kureepuzha. As the quoted rate for the Bio-mining process by the lowest bidder is higher than the scheduled rate; a Negotiation meeting (17/3/2021) was called for by Kollam Municipal Corporation. Despite the negotiation, the negotiated rate is higher than the scheduled rate. On 22/3/21, based on the approval from council, this matter has been sent to Page 8 of 25 Government for approval. In between, the survey report has been submitted by NIT Calicut and the total quantity of legacy waste at an extent of 5.5 acres is 104906m3 found accordingly. On 7/6/2021, a letter from Government has received stating the approval of rate(1130/m3) negotiated by Zigma Global Environ Solutions Pvt Ltd and this matter was approved by the Council on 17/6/2021. Letter of acceptance has been issued on 28/6/2021 and the agreement was signed on 10/7/2021. Work order and site handing over has been done on 12/7/2021.

¶345

On 2/8/2021, as a first step of starting of work, nearly 8acres of vegetative growth over the legacy waste dump site area and its boundaries were cleared and debris were removed for easy conveyance of machineries and setting up of equipments. On 3/08/2021, the contractor has conducted as drone based survey in the presence of KMC officials to ascertain the quantity assessed by NIT Calicut. On 14/08/2021, Excavator for windrowing the legacy waste reached the site. On 17/08/2021, entire area was cleared and readied for placing the heavy duty machineries and other equipments. A meeting was conducted on 17/08/2021 in the presence of Mayor Kollam Corporation to evaluate the progress of the project, in which Mayor has asked the contractor to finish the work as soon as possible regardless of the completion period stated in the bid. The contractor has assured that they will complete the entire process before the stipulated time schedule, unless the monsoon arrives unexpectedly. Instruments for environmental baseline study such as ambient air quality monitoring, noise pollution and water quality testing equipment has reached at the site on 28/8/2021 and samples collected for baseline environmental study. On 10/11/2021, Chief Technical Examiner visited the site and directed the officials to conduct a total station survey to check the accuracy of the quantity. Based on this, a total station survey was conducted on 22/11/2021. CTE approval will be provided based on this survey. Authorization for Biomining as per Solid Waste Management Rule 2016 has been received from Kerala State Pollution Control Board on 0612-2021.

¶346

Installation of the bio-mining plant infrastructure has been completed and set for doing a bench test shortly. 80% of the Lake side fencing has been completed and the remaining work gets delayed due to continuous rains. Application for a new transformer of 99Kva is submitted Page 9 of 25 to KSEB which is under process. It is expected to start the windrowing (by 15th December 2021) after getting the initial level approval from CTE. Due to the recent unexpected rains and high moisture content of the legacy waste area, the project is getting delayed. Kollam Corporation guarantees that we will provide all support needed for the completion of the project by following the orders from the Hon‟ble NGT. STATUS OF SOLID WASTE MANAGEMENT IN KOLLAM CORPORATION

¶347

As per SWM Rule 22(1),(3),(7) & (8), Kollam Municipal Corporation (KMC) has taken imperative steps to facilitate door to door collection of non-biodegradable waste, segregation of bio-degradable and nonbiodegradable waste at source, conversion of biodegradable waste into compost at source itself and proper recycle or utilisation of the nonbiodegradable waste for commercial purposes. NON-DEGRADABLE WASTE MANAGEMENT: Facilities provided by Kollam Corporation f  or the effective management of non-degradable waste are as follows:

¶348

Non-biodegradable waste collected from household and individual establishments by Haritha Karma Sena (HKS), an initiative of Govt. of Kerala and LSGD. Currently 213 HKS members work across 53 wards of KMC. Number of members working per health circle ranges from 16- 24. Most of the HKS members follow a monthly schedule for visit to households, although the daily working 9 Am – 5 Pm. Households are visited once in a month and Commercial

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establishments are visited twice in a month. User fee collected is deposited in bank account (Micro enterprise group account) monthly, from which income is taken by HKS. Till date, HKS status shows that they been able to visit 83% of households and 70% of commercial establishment in KMC. A cluster book is maintained by HKS in which the collection can be recorded. The households also have given a consumer card for their record. Micro-Enterprises groups of HKS have been registered under Kudumbasree. It can also serve as a point of sale for eco-friendly products. But it will not sustain for a long run as the quantity of NBW is reducing by the introduction of new Government policies. Hence other income generating activities is also planning which include biodegradable waste management, compost/fertilizer repack and Page 10 of 25 selling, cloth/paper bag production, Nursery/ farming etc. must be carried out. Haritha Karma Sena is trained to repair idle biogas plants in households, there will be a separate fee for it. Bio composter bins as well as the composting medium at households are being distributed by HKS.

¶351

The collected non-biodegradable waste (NBW) is stored at the collection point i.e.: material collection facilities setup at each zone. Around 192 mini MCF is being installed in Kollam Corporation. Then it is transported to material recovery facilities at Anchalumood which is having a shredding machine and bailing machine. Shredding Unit and bailing unit run by HKS to segregate, bale and shred non-biodegradable waste. Recyclable waste were segregated and sold to Clean Kerala Company, the agency under the State Government entrusted with the responsibility. Nonrecyclable plastics were shredded in MRF and are used for LSGI ‟ s various road tarring works. Also scrap and other metals are sold out to local scrap dealers. Furthermore, 1 RRF (Resource Recovery Facility) is established which has a floor area of 5000sqft to facilitate the separation and preparation of recyclable materials for marketing to end-user manufacturers. Shredding machine, bailing machine, plastic washing and drying machines were purchased for the effective operation of RRF. Due to public protest, the functioning of RRF is stalled.

¶352

Till date, 38.31 of Bailed and non-bailed plastics were sold out to Clean Kerala Company for recycling and 28.3 Ton of scrap were sold out to local scrap dealers. Selling of non-degradable waste for recycling will create an extra revenue to HKS in addition to user-fee. After the introduction of Harita Karma Sena an amount of Rs.1,00,52,216 has been generated to KMC.

¶353

As per instruction given from Suchitwa Mission, non-biodegradable waste other than plastic waste like cloth, chappals, bags, glass wastes, Ewaste etc. being collected as per calendar from 55 wards. Based on this, 16 ton of glass waste was collected via collection point and sent to Clean Kerala Company for recycling. Likewise as per calendar, other non-biodegradable waste will be collected throughout the year.

¶354

20 Ton of Legacy waste which was illegally dumped on various points of Kollam Corporation has been collected and diverted to Clean Kerala Company for safe disposal. Night squad were constituted for continuously Page 11 of 25 monitoring illegal waste dumping and spot fines were induced for the defaulters. Plastic squad of KMC has served notice to 135 numbers of shops for using banned plastics.

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BIO-DEGRADABLE WASTE MANAGEMENT

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Kollam Corporation has provided bio-degradable waste management facilities in source level like bio digesters, biogas plant, bio compost bins, pipe compost, ring compost) for treatment of biodegradable waste will be ensured at each household and commercial establishment. KMC has brought out provisions for availing subsidised bio compost bins for achieving 100% conversion of biodegradable waste at source itself. In community level Kollam Corporation has provided de-centralised treatment systems Viz, aerobic composting units, community based bio gas plants. An integrated solid waste management with a waste to energy plant of 200Tpd capacity was proposed by Government of Kerala at Kureepuzha. The details of the Solid Management Facilities provided by Kollam Corporation (Subsidised) as well as procured by Individuals are furnished in the table below

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*BIODEGRADABLE* *WASTE MANAGEMENT*
*Treatment Facilities*	*No’s*	*Quantity (TPD)*
*Household Level*
Biogas Plants(HH)	2100	4.2
Pipe Compost(HH)	1750	2.6
Bio-composter(HH)	17115	25.67
Vermi composting(HH)	189	0.2
Ring compost(HH)	750	1.2
Compostpit(HH)	7025	10.50
Bucket compost(HH)	3200	4.8
Community Level(Decentralized	Facility)
Aerobic Composting Unit	27	1.30
Biogas Plants(Community Level)	13	5.60
Informal Waste Collectors( Hot	els and Chicken Stall)	25.0
TotalQuantity of Bio- degra	dable waste treated	108TPD

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The total quantity of waste generated in Kollam Corporation is 112.45TPD. Of this 48.4 TPD is processed at source with the facilities provided by Kollam Corporation (Subsidized) as well as procured by Individuals; about 6.9 TPD is processed at community level(decentralized facility) ; this facility is utilized by households (especially in slum areas) who are not having enough space for installation of source level treatment facilities. 25TPD of chicken waste and hotel waste were collected by informal waste collectors. Tender procedure has started to select authorised agencies to collect, transport and treat chicken waste at rendering plant as per SWM rule. Hence, total 108TPD of biodegradable waste is treated out of 123.39 of solid waste. An amount of Rs.8, 84,46,250/- has been allotted to Kollam Corporation for waste management projects from Swatch Bharat Mission (Urban). In the financial year 2021-22for increasing the source level treatment of bio-degradable waste, Kollam Corporation has allocated fund of Rs.4,95,00,000/- for 27500 bio composter in household level, biogas plants(2200no:s)- Rs.2,31,00,000/-; Ring compost (2750no ‟ s- BPL families) Rs.6875000/-. Now, the project is being in the stage of implementation.

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At Community level, 27 Aerobic composting units, 192 MiniMaterial Collection Facilities, one Resource recovery Facility of 5000 Sq. ft, 13 community based biogas plants were installed. Out of 27500 Bio composter 17115 no ‟ s were distributed; remaining 10385 no ‟ s will be distributed within March 2022. After the completion of the project out of 88332 households, 42554 households will be benefitted with the existing source level treatment facilities and decentralised treatment systems. For proper waste management, we had planned projects for filling the Gap of 45778 households. For that an action plan was prepared as part of implementation of solid waste management rule 2016 based on Hon'ble NGT order (OA 606/2018). The prepared action plan was approved by the Council as per resolution no 1, on 08/10/2021 .and the copy of the action plan is attached herewith. Kollam Corporation has started a project to conserve the Ashtamudi Lake (Ramsar site) and restore its habitats. Various workshops were organized by Kollam Corporation with the participation of 12 Panchayats including people from various fields such as stakeholders, representatives of political parties, NCC and NSS volunteers, Volunteers from various schools and colleges, environmental experts, fishermen communities etc. On 2/10/2021, Kollam Corporation has carried out a massive 7 day clean-up drive with the participation of about 2000 people. Clean-up operations were carried out at 17 points of Ashtamudi Lake and in addition, the canals flowing into the lake were also cleaned. The Kollam Corporation has envisaged project of 1.25 Crore for the protection and conservation of Ashtamudi Lake. The project include setting up of STP at vulnerable points where canals flows into lake, beautification of Ashtamudi Lake, shoreline protection, floating garden, planting of mangroves etc. It is decided to constitute Ramsar site protection and conservation authority. A motto was introduced “Jeevanaanu Astamudi, Jeevikkanam Astamudi” meaning Ashtamudi lake the life of Kollam must cherish. Kollam Corporation will become a Zero Waste City with the implementation of the said projects and the planned project like integrated solid waste processing facility like waste to energy plant(as per Rule 22(1),(3),(7) and (8) of SWM Rule,2016. With the advent of integrated solid waste management – Waste to Energy plant, Kollam Corporation is aiming to achieve the 100% management of Municipal Solid Waste. For this, Government of Kerala has selected Kureepuzha in Kollam Corporation to setup a Waste to Energy plant of 200Tpd with a Bio-Methanisation plant, Refuse Derived Fuel. For that 7.05 acres of land in Kureepuzha were leased to KSIDC (nodal agency) and Kollam Corporation has signed the concession agreement for the same. Status of Waste to Energy Plant is given below:

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STATUS OF WASTE TO ENERGY PROJECT

¶362

KSIDC has tendered for Waste to Energy Project (200tpd capacity) and on 3rd bidding process (26 Sep 2019), received bid from consortium of M/s Zonta Infratech P Ltd, M/s Zonta Bauer Pvt Ltd, M/s Ningbo Kaseen Ecology Technology Co Ltd, M/s Bauer GmBH. Financial bid of the Technically qualified bidder was opened and after 2 rounds of Financial Negotiation done. Concession Agreement signed on 14/10/2020 with M/s Page 14 of 25 M/s Venad Waste Management Pvt Ltd, the SPV incorporated. DPR for the project approved by the Technical Committee on 30th November 2020. Processing capacity of the plant is 200 tonnes per day. Bio- degradable fraction in the MSW will be processed using biomethanation technology and bio-gas thus generated will be sold to oil marketing companies. Inorganic fraction will be converted into RDF form and transported to nearest WtE plant.

¶363

The Concessionaire needs to obtain necessary statutory clearances prior to the construction of the plant. The Concessionaire has submitted the application to District Pollution Control Board, Department of Town and Country planning and Department of Factories and Boilers, through KSwift portal. The District Pollution Control Board has advised to get NOC from Kerala Coastal Zone Management Authority (KCZMA) and State Wetland Authority, since the site is near to Ashtamudi lake.

¶364

The application was submitted to KCZMA through Kollam Corporation and on scrutiny of the proposed plan of the project, KCZMA has stated that the project location is at a distance of 100m from the HTL of the Ashtamudi lake which is outside CRZ area and 100 m away from the wetland boundary of the Ramsar wetland, prior approval from KCZMA is not required and that the Kollam Corporation can issue NOC themselves, subject to the

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satisfaction of general conditions to be followed for wetland and other relevant parameters, The application will be submitted to PCB within this week. The rest of the statutory clearances will be processed after obtaining CTE from Pollution Control Board.”

¶367

35. The Pollution Control Board also filed a report dated 14.12.2021 e-filed on 15.12.2021, along with report of Kollam Municipal Corporation extracted

¶368

in Para 4 of the order which reads as follows:-

¶369

“REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, THE 3RD RESPONDENT IN APPLICATION NO. 439/2013(SZ)

¶370

The Hon ‟ ble NGT as per Order dated 14.09.2021 had directed the Board to file periodical report regarding the progress of the bio-mining and also implementation of the Solid Waste Management Rule, 2016 within Kollam Corporation. It is most humbly submitted that the Kollam Corporation had awarded the work of biomining to M/s. Zigma Global Environ Solution Pvt. Ltd. The biomining site was inspected by this respondent on 01.12.2021. The vegetation over the legacy waste was found cleared. The machinery for biomining is installed inside the existing shed of the old solid waste management plant adjacent to the legacy waste area. The installation of machinery was nearing completion. The plot boundary was being enclosed using corrugated sheets. The site engineer of the biomining contactor informed that the anticipated date of commencement of biomining is 15.12.2021 and the legacy waste up to the road level is expected to be cleared in 3.5 months. The matter was discussed in the 11th meeting of the District Level Monitoring Committee (DLMC) convened on 03.12.2021 by the Additional District Magistrate. The Secretary, Kollam Corporation informed that the approval of the Chief Technical Examiner (CTE) regarding the initial levels is being awaited. Also necessary approval of KSEB has been sought for a transformer.

¶371

As per the annual report submitted by the Kollam Corporation for the year 2020 the total waste generation is 123.39 tonnes per day. The total quantity of waste processed is 90.34 tonnes per day. The gap in waste management is 33.05 tonnes per day. The Corporation is submitting quarterly progress report on the implementation of Solid Waste Management Rules, 2016. The Board through routine surveillance is verifying the action taken by the Corporation for implementation of the SWM Rules. According to the latest progress report submitted by the Kollam Corporation Secretary, the service of 213 Haritha Karma Sena (HKS) members is available in the Corporation area. The HKS covers 53 divisions of the Corporation. The HKS is collecting only dry waste from households and establishments. As per the report of the Secretary, Kollam Corporation the HKS was able to visit 83% of the households and 70% of commercial establishments. The Secretary had reported that there are 192 mini MCFs in the Corporation. There are 2 nos of RRFs in the Corporation. Currently the Corporation had provided 27 aerobic composting units and 13 biogas plants at community level and 32129 units at house hold level for treatment of biodegradable waste. Informal waste collectors are handling 25 TPD of waste generated from hotels and chicken stalls. Currently around 42554 households are benefitted from the existing community and household level biodegradable waste management facilities. In the periodic inspection of the waste management facilities of the Corporation it was noticed that out of the 2 RRFs, the one at Anchalummodu alone is operational and there is space constraint at the same resulting in storage of the dry waste even outside the RRF building. The newly constructed RRF at Kureepuzha has not yet started operation. Hence, a majority of the mini MCFs are kept idle. It was also noticed that the community level composting units needs maintenance. To improve the waste management, an action plan was prepared by the Corporation and the same was approved by the Council as per resolution no.1 on 08.10.2021. The copy of the action plan submitted by the Corporation is produced herewith and marked as Annexure R3(a). On implementation of the action plan the remaining 45778 households also will be benefitted.

¶372

The SPV constituted for setting up of the Waste to Energy Plant of Kollam Corporation, M/s. Venad Waste Management Private Limited had applied for Consent to Establish on 09.09.2021. The proposed waste to energy plant is biomethanation based and is having a capacity of 200 TPD. On scrutiny of the application it was noticed that Clearances/ NOC with respect to CRZ and wetland was not enclosed. As the proposed project site was near to Ashtamudi lake, the application was returned to attach the above documents. The application is not yet resubmitted.

¶373

The Corporation is currently holding Authorization under the Solid Waste Management Rules, 2016 valid up to 06.08.2026. The Board vide the same had authorized the Secretary, Kollam Corporation for setting up and operation of solid waste management facilities for biodegradable/ non biodegradable waste treatment and processing including MCFs, RRF, composting units, biogas plants and biomining of legacy waste. The copy of the Authorization no. KSPCB/RO/KLM/AUTH/R1/01/2021 dated 07.12.2021 is produced herewith and marked as Annexure R3(b).

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The Board is conducting periodic inspections of the various waste management facilities of the Corporation and the biomining site. Once the biomining is commenced, the Board will carry out frequent site visits and ensure that there are no pollution issues to the nearby residents.”

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36. We have also received another report submitted by the Pollution Control Board dated 21.03.2022 e-filed on the same day extracted in Para 5 of the order which reads as follows:-

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“REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, THE 3RD RESPONDENTIN APPLICATION NO. 439/2013(SZ)

¶378

The Hon ‟ ble NGT in its Order dated 14.09.2021 had directed the Board to file periodical report regarding the progress of the bio-mining and also implementation of the Solid Waste Management Rule, 2016 within Kollam Corporation. In continuation with the report dated 14.12.2021, I may humbly submit that as per the latest status report dated 18.03.2022 submitted by the Secretary, Kollam Corporation, the biomining activity commenced on 01.01.2022. As on 17.03.2022, 47121.25 m 3 of legacy waste had been processed. By the end of March 2022 more than 50% of Biomining process is expected to be completed. The segregated materials like refuse derived fuel (RDF), recyclables, rejects, soil etc. from the plant are stored and disposed in compliance of the Solid Waste Management Rules, 2016.

¶379

It is most humbly submitted that the biomining site of Kollam Corporation is periodically inspected by the Board. The site was last inspected by this respondent on 18.03.2022. The biomining activities were found to have progressed considerably. The machinery is installed in the existing building of the old solid waste processing plant having flooring and roofing. The plot boundary was enclosed additionally using corrugated sheets above the existing compound wall at the side where residences are present. The other portions are provided additional enclosure using garden net above the compound wall. The total height of the enclosure was found sufficient. The pre-stabilized legacy waste from the dumpsite is loaded into trucks using excavators. The waste is weighed and loaded into the machinery for segregation using various physical separation methods. The RDF segregated from the landfill is dried, baled and sent to cement companies for co-incineration in the kilns. As per the report of the Secretary, Kollam Corporation, the RDF from the biomining plant at Kureepuzha is being sent to various cement factories like ACC Limited (Wadi), Dalmia Cement Limited (Ariyalur), Dalmia Cement Limited (Dalmiapuram), Ultratech Cement Limited (Reddipalayam). Other materials such as tyres, chappals, ferrous & non – ferrous metals etc are sent for recycling. Monthly report regarding traceability of disposal items and laboratory test reports of RDF, soil, water, noise, air quality etc. were submitted by the contractor to the Corporation.

¶380

Dispatch details of various segregated items from 01.01.2022 to 17.03.2022

¶381

Item Name	Quantity (Tonnes)
Coarse Fraction Soil	5,834.28
Footwear	31.55
Segregated Combustible Fraction	160.88
Stones	78.03
Tyre	2.64
RDF	948.54
Grand Total	7,055.92

¶382

The total volume of legacy waste to be disposed is 105000 m3. Biomining of 44.87% of this legacy waste had been completed as on 17.03.2022. The biomining is expected to be completed by May 2022.

¶383

As per the latest status report on solid waste management dated 18.03.2022 submitted by the Secretary, Kollam Corporation (KMC), nonbiodegradable waste is collected from households and individual establishments by Haritha Karma Sena (HKS), an initiative of Govt. of Kerala and LSGD. Currently 220 HKS members work across 54 wards of KMC. Number of members working per health circle ranges from 16- 24. Households are visited once in a month and Commercial establishments are visited twice in a month. User fee collected is deposited in bank account (Micro Enterprise Group Account) monthly, which is income source of HKS. Till date, HKS had visited 83% of households and 70% of commercial establishments in KMC. A cluster book is maintained by HKS in which the user fee collected is recorded. The households are given a consumer card for their record. 20 tonnes of legacy waste from 3 various hotspots in Kollam Corporation had been collected and disposed through Clean Kerala Company. Night squads were constituted for continuous monitoring of the hot spots and spot fines were induced for the defaulters. Plastic squad of KMC has served notice to 135 numbers of shops for use of banned plastics.

¶384

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¶385

Details of non-biodegradable waste management
Total number of households	112823
Total number of shops	10346
Total number of wards	55
Percentage of door to door collection in households	83%
Percentage of door to door collection in shops	70%
Number of Haritha Karma Sena Members	220
Number of Mini-MCFfacilities	200
Number of MCFfacilities	8
Number of MRF(With shredding machine and bailing machine)	1
Number of RRF	1
Userfee collected till date	13579204
Quantity of scrap sold to local scrap dealers	38.30
Ton Amount received	_Rs. 582209/- _
Quantity of segregated plastic sold to Clean Kerala Company	63.51 tons
Quantity of baledplastic sold to Clean Kerala Company	14.93 tons
Quantity of un baled plastic sold to Clean Kerala Company	48.58 tons
Quantity of non-recyclable plastic (less than50 micron) sold	12.17 tons
Asper calendar, quantity of glass waste sold	16 tons
As per calendar, quantity of chapels, bags and tablet stripes sold	11.86 tons

¶386

Kollam Corporation had provided bio-degradable waste management facilities at source level like bio digesters, biogas plant, bio compost bins, pipe compost, ring compost) for treatment of biodegradable waste household and commercial establishment. KMC is providing bio compost bins at subsidized rates with an aim of achieving 100% conversion of biodegradable waste at source level itself. At community level Kollam Corporation had provided decentralised treatment systems viz, aerobic composting units, community based biogas plants etc. An integrated solid waste management project comprising of a Waste to Energy Plant of capacity 200 TPD is proposed by the Government of Kerala at Kureepuzha.

¶387

*Details of B*	*iodegradable Waste Manage*	*ment*
*Treatment Facilities*	*No’s*	*Installed capacity* *(TPD)*
	*Household Level*
Biogas Plants(HH)	3791	7.5
Pipe Compost(HH)	1750	2.6
Bio-composter(HH)	20000	30
Vermi composting (HH)	189	0.2
Ring compost(HH)	2200	2.2
Compostpit(HH)	7025	10.50
Bucket compost(HH)	3200	4.8
*Communi*	*ty Level(Decentralized Facili*	*ty)*
Aerobic Composting Unit	27	1.30
Biogas Plants(Community Level)	13	5.60
Informal Waste Collectors(Hotels	and Chicken Stall)	25.0
*Total installed capacity for* *treatment*	*Bio- degradable waste*	*89.7*

¶388

The Corporation is submitting quarterly progress report on the implementation of Solid Waste Management Rules, 2016. The Board through routine surveillance is verifying the action taken by the Corporation for implementation of the SWM Rules. There are 2 nos of RRFs in the Corporation. Currently the Corporation had provided 27 aerobic composting units and 13 biogas plants at community level and 38155 units at house hold level for treatment of biodegradable waste. Informal waste collectors are handling 25 TPD of wet waste generated from hotels and chicken stalls. Currently around 48580 households are benefitted from the existing community and household level biodegradable waste management facilities provided by the Corporation. In the periodic inspection of the waste management facilities of the Corporation it was noticed that out of the 2 RRFs, the one at Anchalummodu alone is operational and there is space constraint at the same resulting in storage of the dry waste even outside the RRF building. The newly constructed RRF at Kureepuzha has not yet started operation. There is overall improvement in the solid waste management compared to previous years. The proposed waste to energy plant is biomethanation based and is having a capacity of 200 TPD. On commissioning of the same, the biodegradable waste management will be satisfactory. The Corporation is currently holding Authorization under the Solid Waste Management Rules, 2016 valid up to

¶389

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¶390

06.08.2026. The Board vide the same had authorized the Secretary, Kollam Corporation for setting up and operation of solid waste management facilities for biodegradable/nonbiodegradable waste treatment and processing including MCFs, RRF, composting units, biogas plants and biomining of legacy waste. The Board had also granted Consent to Establish to the 200 TPD Waste to Energy Plant of the Corporation. The copy of the Consent to Establish dated 10.01.2022 is produced herewith and marked as Annexure R3(a).

¶391

If the biomining is completed as per the proposed schedule and the waste management facilities as per the action plan are implemented, the Solid Waste Management Rules, 2016 can be implanted successfully in Kollam Corporation.”

¶392

37. We have also received another report submitted by the Additional Chief

¶393

Secretary, Environment Department dated nil e-filed on 24.02.2022,

¶394

extracted in Para 7 of the order which reads as follows:-

¶395

“Report on behalf of State of Kerala in compliance with the order dated 14-09-2021 in OA No:439/2013 of the Hon. National Green Tribunal

¶396

Kollam Municipal Corporation floated tender for Bio-mining of the Legacy waste dumped at Kureepuzha, Kollam and the technical bids of the three bids received were opened on 27/01 2021. Based on the evaluation and report of the technical committee it was found that only one bidder was technically qualified. As per the PWD manual, if only one bidder is found eligible after technical evaluation then it is considered as a single bid; so, it has to be re tendered. The Kollam Corporation Council has given approval to assess the actual quantity of Legacy Waste dumped in Kureepuzha with the technical support of NIT Kozhikode. On 11/02/2021 Kollam corporation has retendered the project and the Technical bids received from the three participants were opened on 25/02/2021. Based on the evaluation of the technical committee only one bidder i.e., (Zigma Global Environ Solutions Pvt Ltd) was found technically qualified for the next stage. On 04/03/2021 financial bid of qualified bidder ie, Zigma Global Enviro solutions Pvt Ltd. was opened. Meanwhile, on 02/03/2021, a team from NIT Kozhikode has conducted the drone-based survey for assessing the entire quantity of legacy waste at Kureepuzha. As per the report submitted by the Technical team of NIT Kozhikode the total quantity of legacy waste at an extent of 5.5 acres is 104906 m3. Since the Kollam Corporation felt that the lowest rate quoted by the lowest bidder for remediation of the legacy waste is higher than the scheduled rate, they had negotiation with the lowest bidder but it was not fruitful. On the request of the Kollam Corporation, Government have approved the negotiated rate and the same was approved by the Corporation Council on 17/6/2021. Letter of acceptance had been issued by the Corporation on 28/6/2021 and the agreement was signed on 10/07/2021, Work order and site handing over has been done on 12/7/2021 to the concessionaire.

¶397

¶398

A meeting was conducted on 17/08/2021 in the presence of Mayor Kollam Corporation evaluate the progress of the project, in which Mayor has asked the contractor to finish the work as soon as possible regardless of the completion period stated in the bid. The contractor has assured that they will complete the entire process before the stipulated time schedule, unless the monsoon arrives unexpectedly. Instruments for environmental baseline study such as ambient air quality monitoring, noise pollution and water quality testing equipment have reached at the site on 28/8/2021 and samples collected for baseline environmental study. On 10/11/2021, Chief Technical Examiner visited the site and the officials to conduct a total station survey to check the accuracy of the quantity. Based on this, a total station survey was conducted on 22/11/2021.

¶399

Installation of the-Machineries, Weigh Bridge setup has been completed and the site is now ready for starting of Bio-mining process. 75% of the Lake side fencing has been completed. Due to the recent continuous rains the work is getting delayed: The Kollam Corporation has submitted an application for a new transformer of 99Kva to KSEB. It is expected that the windrowing can be started soon with the required authorization from PCB and the initial level approval from CTE. The unexpected recent rains and high moisture content in the legacy waste area have been a reason for the delay of the project. Kollam Corporation has guaranteed that they will provide all support needed for the completion of the project by following the orders from the Hon'ble NGT.”

¶400

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¶401

38. They have also produced the consent to establish granted to M/s. Venad Waste Management Private Ltd. in respect of this waste management facility. On that day, this Tribunal heard the learned counsel for the parties and taken up the case for Judgment.

¶402

39. The Counsel appearing for the applicants in these cases argued that people in the locality were suffering since 2012 on account of the nondisposal of the waste dumped in the disputed dump yard. Only because of the intervention of the Tribunal, they are taking some steps. They are liable to pay compensation for the violations committed by them. Necessary directions may be issued to the Pollution Control Board and Kollam Municipal Corporation to strictly adhere to the procedure for collection, segregation and disposal of waste generated in the area to protect interest of the public in that area.

¶403

40. The Learned Counsel appearing for State of Kerala submitted that necessary action has been taken for the purpose of providing all financial assistance to Kollam Municipal Corporation for the purpose of carrying out the bio-mining of legacy waste and its disposal in a scientific manner. The District Collector and Pollution Control Board will be monitoring the same. They undertake to abide by any direction issued by this Tribunal in this regard.

¶404

41. The Counsel appearing for Pollution Control Board submitted that they are closely monitoring the implementation of Solid Waste Management Rules and whenever there are violations found, they are issuing Show Cause Notices and the bio-mining has been started by the agency to whom it was entrusted. They are also strictly implementing the directions issued by the Principal Bench in OA No.606/2018.

¶405

42. The Counsel appearing for Kollam Municipal Corporation submitted that the work of bio-mining has been entrusted to M/s. Zigma Global Environment Solutions Pvt. Ltd. and they have started the work and the work will be completed by May 2022. They will take all necessary steps to implement the Solid Waste Management Rules and also maintain the facilities in Environmental friendly manner and they will abide by any

¶406

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¶407

directions issued by this Tribunal.

¶408

43. Considered the pleadings, documents and reports submitted and submissions made by the Counsel for the parties.

¶409

44. The points that arise for consideration are:

¶410

(i) Whether there was any violation committed by Kollam Municipal Corporation in implementing the Solid Waste Management Rules, 2016 and whether on account of the same, there was any pollution caused affecting the health of the people residing near the waste management facility.

¶411

(ii) What are the nature of directions if any to be issued applying the precautionary principle to protect environment while sustaining waste management facility in that area.

¶412

(iii) What are all the further directions having to be issued for effective implementation of Solid Waste Management Rules 2016 in Kollam Municipal Corporation

¶413

(iv) Reliefs and Costs.

¶414

POINTS:-

¶415

45. These applications were originally filed before Hon’ble High Court of Kerala by way of two Writ Petitions and subsequently these two Writ Petitions were transferred to this Tribunal by orders of the Hon’ble High Court of Kerala. The common grievance in these applications was regarding the way in which the waste management and the maintenance of dump yard is being managed by Kollam City Municipal Corporation and consequential pollution that is being caused on account of the same. In fact, the grievance in these applications was that the people did not object the establishment of waste management facility in that area namely Kuripura in between two famous temples on the understanding that they will manage the waste generated in Kollam Municipal Corporation in that area in a scientific manner. But contrary to the same, no steps were taken by the Kollam Municipal Corporation for scientific disposal of the waste dumped in that dump yard.

¶416

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¶417

46. The grievance of the applicants to some extent was established from the observations made by various reports submitted by the Pollution Control Board. Originally there was only a small extent of land, but subsequently they have acquired further extent and they are having nearly 17 acres of land in their possession where the facility is proposed to be established. Under the provisions of Solid Waste Management Rules, 2016, as far as possible decentralised waste facilities must be provided and the legacy waste that was lying in the existing dump yards have to be disposed of by adopting bio mining which was supposed to be a scientific way of disposal of the legacy waste.

¶418

47. From 2013 to 2021, and even before that the waste generated in the Kollam Municipal Corporation was being collected and dumped in this dump yard without taking any steps for scientific disposal. Since it was not properly done this Tribunal had directed them to furnish a Performance Guarantee of Rs.2 Crores but subsequently this order was modified by Hon’ble High Court of Kerala in a Writ Petition filed by Kollam Municipal Corporation against this order and the amount was reduced to Rs.1 Crore.

¶419

48. The timeline within which the work had to be completed at the time when the Performance Guarantee was directed to be furnished was six months from the date of that order but quite unfortunately that period was over long ago due to various reasons stated by the Kollam Municipal Corporation but people in the locality have to suffer on account of nondisposal of the waste in that area. Earlier report submitted by the Pollution Control Board will go to show that the dump yard was situated very near to the residential houses which though came later and there was no proper Lechate treatment plant provided on account of the same a Lechate created was being percolated into the ground affecting the ground water quality.

¶420

49. It was also mentioned that since no proper green belt was developed and the height of the wall was not provided as suggested by Pollution Control Board, people in the nearby locality were suffering odour pollution, emanating from the dump yard.

¶421

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¶422

50. So, under such circumstances, we feel that the amount of Rs. One Crore directed to be furnished as performance guarantee as modified by High Court of Kerala has to be forfeited, as they have not performed the work as undertaken by them at the time when this Performance Guarantee was directed to be furnished by Kollam Municipal Corporation.

¶423

51. So, under such circumstances, we direct the forfeiture of Rs.1 Crore furnished by the Kollam Municipal Corporation with the Pollution Control Board as Environmental Compensation for non-compliance of the directions issued and the undertaking given by them and for keeping the legacy waste in that area since long time.

¶424

52. Further, now they have entrusted some agency for carrying out the biomining and it is in progress. It was also mentioned in the report submitted by the Pollution Control Board that nearly 49% of the waste has been bio-mined and the report of the Pollution Control Board shows that since the place for establishment of waste to energy project in the same area is falling near Ashtamudi Lake which is a Ramsar wet land notified under the Wet Land Rules, 2010. The Pollution Control Board directed the Kollam Municipal Corporation to obtain No Objection Certificate from the Kerala State Coastal Zone Management Authority and Wet Land Authority and on making application to Kerala State Coastal Zone Management Authority and after scrutiny the Kerala Coastal Zone Management Authority has stated that the project location is at the distance of 100 meters from HTL at Ashtamadi lake which is outside the CRZ area in 100 meters away from wetland boundary of Ramsar wet land and so prior approval from Kerala Coastal Zone Management Authority is not required and accordingly on that basis, an authorization was given to Kollam Municipal Corporation to set up and operate Solid Waste Management facility for bio-degradable/non bio degradable waste treatment and processing new MCF, RRF, composting units, bio gas plant and bio-mining legacy waste under the Solid Waste Management Rules 2016, subject to certain conditions vide their authorization No.KSPCB/RO/KL/AUTH/R 01-01-2021.

¶425

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¶426

53. They have also issued consent to establish to M/s. Venad Waste Management Private Ltd. Sakthikulangara Kollam by the consent No.PCB/HO/KLM/ICE/01/22 dated 10.01.2022 valid upto 09.01.2025. It was mentioned in one of the orders, the Counsel for the applicant had submitted that the permission granted by Kerala State Coastal Zone Management Authority for establishing Waste Energy Plant in that area is challenged before the High Court of Kerala and it is pending. So the establishment of Waste Energy Plant in this area will be subject to the final orders be passed by the Hon’ble High Court of Kerala, if any Writ Petition is filed and pending in this regard.

¶427

54. Since the Kollam Municipal Corporation had initiated process for disposal of the legacy waste and they have proposed to have the waste facilities in 7 acres of land out of 17 acres obtained by them and it is being monitored by State Pollution Control Board, we feel that there is no necessity for this Tribunal to monitor the proceedings perpetually as the Special Bench of National Green Tribunal while considering MA No.38/2017 in OA No.155/2016 Mr. Rajiv Chekuri v The Special Officer, Chitlapakkam Panchayat Office, Kancheepuram District and Ors. by final order dated 19.05.2022 observed that it is not possible for the Tribunal to monitor the implementation of the Waste Management Rules in a perpetual manner and it is for the regulator to look into the issue and if there is any violation found, they will have to take appropriate action. Further, in another matter, namely OA No.273/2017 Shri Sarvamangala Nagar Residents Association v State of Secretary to Government Public Works Department, and Ors., the Special Bench by final order dated 20.02.2022 observed that it is for the regulators and the Government to look into the issues and take appropriate steps to implement the Waste Management Rules and also protect the environment including encroachment into the water body and causing pollution to the same.

¶428

55. In another matter the Special Bench of National Green Tribunal namely in OA No.395/2020 suo moto proceedings initiated based on representation received from Justice R. Baskaran, Former Judge v State of Kerala and Ors. with connected cases OA No.396/2013 [Shibu Manuel Secretary v Government of India & Ors.] and OA No.242/2016 [K K Muhammed

¶429

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¶430

Iqbal v Kerala State Pollution Control Board & Ors.] reiterated the same principles and also relying on the various directions issued in OA No.606/2018 disposed of the matter directing the regulators to take appropriate action in implementing the rules, and if there is any violation found, take appropriate action for recovery of compensation applying Polluters Pay Principle.

¶431

56. So, under such circumstances, we feel that there is no necessity to retain the case any longer and the cases can be disposed of by giving following directions.

¶432

a. The protection of environment and providing clean environment as part of Right to Life as enshrined under Article 21 of the Constitution of India and also protecting environment as mandated under Article 48(A) of the Constitution of India is the primary responsibility of the State Government and its machineries which includes local body as well. People are dissatisfied with the establishment of Waste Management Facilities near the residential area on account of negligence shown by the local bodies in not properly treating the legacy waste in a scientific manner. If the legacy waste is dumped in a particular area without proper disposal for long period, and if the lechate generated from the dump yard is not properly collected and treated in a scientific manner, it will create environmental degradation of that area which includes Odour Pollution and Water Pollution. So, the Kollam Municipal Corporation is directed to implement the Solid Waste Management and disposal of legacy waste as provided under the Solid Waste Management Rules, 2016 in its letter and spirit.

¶433

b. The Performance Guarantee of Rs.1 Crore being the modified amount as per the orders of the Hon’ble High Court of Kerala furnished by Kollam Municipal Corporation with the Kerala State Pollution Control Board is forfeited and it will be treated as an Environmental Compensation for past violation for the damage caused to environment on account of the dumping of waste in that area by Kollam Municipal Corporation without taking any steps for proper scientific disposal of the same and causing pollution to the residents residing in that area.

¶434

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¶435

c. Further, in OA No.606/2018, several directions have been issued by the Principal Bench of National Green Tribunal, New Delhi while dealing with the implementation of Solid Waste Management Rules, 2016 in PAN India basis and interacted with the Chief Secretaries and on the basis of undertaking given by the Chief Secretaries that they will take appropriate steps to implement the Solid Waste Management Rules within their States, this Tribunal in that case had directed the Chief Secretaries to review the implementation of Solid Waste Management Rules in coordination with the Stakeholder Departments and if there is any gap found, provide all necessary assistance including infrastructure and financial in order to discharge their onerous responsibility of protecting environment and providing clean environment to the people of the locality and the Chief Secretary is directed to implement the direction issued by the Principal Bench in O.A. No.606/2018.

¶436

¶437

¶438

The Kollam Municipal Corporation is directed to expedite the disposal of legacy waste lying in the Kureepuzha dump yard within the time frame provided in the Agreement and ensure that the legacy waste is bio-mined and removed completely and thereafter, carryout the waste management facilities in that area after obtaining necessary permission/clearance/No Objection Certificate, etc. (if any) required under the existing environmental laws including the EIA Notification, 2016.

¶439

The Kollam Municipal Corporation is directed to implement the Solid Waste Management Rules, 2016 regarding the collection, segregation and disposal of the waste both bio degradable and non biodegradable and other waste generated strictly complying with the various Waste Management Rules in its letter and spirit.

¶440

f. The State Pollution Control Board is directed to monitor the disposal of legacy waste in Kureepuzha dump yard and if there is any gap found, then they are directed to take appropriate action against the persons who are violating the same in accordance with law.

¶441

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¶442

g. The State Pollution Control Board is also directed to strictly follow the directions issued by the Principal Bench of National Green Tribunal, New Delhi in OA No.606/2018 including recovery of compensation for non-implementation of the Solid Waste Management Rules, after the cut off date provided by the Principal Bench viz. 30.03.2020, in accordance with the slab of compensation provided and take steps to recover the amount from Kollam Municipal Corporation in accordance with law.

¶443

h. The Additional Chief Secretary for Environment and Principal Secretary for Local Self Government Department are directed to monitor the proposed establishment of Waste Management facility and implementation of Solid Waste Management Rules, 2016 and other Waste Management Rules and the disposal of Legacy Waste lying in the dump yard at the earliest possible time and if there is any assistance both technical and financial required for Kollam Municipal Corporation, then they are directed to take steps to provide the same.

The District Collector/District Magistrate of Kollam is also directed to monitor the implementation of Solid Waste Management Rules and if there is any gap found, then they are directed to provide necessary assistance to Kollam Municipal Corporation to rectify the same and ensure that the Waste Management Rules are strictly implemented in Kollam City Corporation without causing any nuisance to the nearby residents.

¶448

The State Pollution Control Board is directed to monitor the disposal of legacy waste and also the bio-mining, conduct soil as well as water analysis in that area, and if any future contamination is found, then they are directed to give further directions to Kollam City Municipal Corporation to carry out further steps (if any) to be taken before certifying that the legacy waste has been scientifically disposed of in that area has made the area contamination free.

¶449

The Chief Secretary, State of Kerala is directed to review the implementation of Solid Waste Management Rules including the disposal of legacy waste in coordination with the respective stakeholders namely, District Collector-Kollam, State Pollution

¶450

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¶451

Control Board and Kollam City Municipal Corporation and if there is any assistance required from their level, then they are directed to provide all necessary assistance and guidance for them to implement the Solid Waste Management Rules, 2016 and also directions issued by the Principal Bench, National Green Tribunal, New Delhi in OA No.606/2018 within that area and take appropriate action against the persons who are not strictly following the directions in implementing the rules, as directed by the Tribunal in accordance with law.

¶452

57. The points are answered accordingly.

¶453

58. In the result, both the original applications are disposed of with the following directions:-

¶454

i. The protection of environment and providing clean environment as part of Right to Life as enshrined under Article 21 of the Constitution of India and also protecting environment as mandated under Article 48(A) of the Constitution of India is the primary responsibility of the State Government and its machineries which includes local body as well. People are dissatisfied with the establishment of Waste Management Facilities near the residential area on account of negligence shown by the local bodies in not properly treating the legacy waste in a scientific manner. If the legacy waste is dumped in a particular area without proper disposal for long period, and if the lechate generated from the dump yard is not properly collected and treated in a scientific manner, it will create environmental degradation of that area which includes Odour Pollution and Water Pollution. So, the Kollam Municipal Corporation is directed to implement the Solid Waste Management and disposal of legacy waste as provided under the Solid Waste Management Rules, 2016 in its letter and spirit.

¶455

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¶456

ii. The Performance Guarantee of Rs.One Crore being the modified amount as per the orders of the Hon’ble High Court of Kerala furnished by Kollam Municipal Corporation with the Kerala State Pollution Control Board is forfeited and it will be treated as an Environmental Compensation for past violation for the damage caused to environment on account of the dumping of waste in that area by Kollam Municipal Corporation without taking any steps for proper scientific disposal of the same and causing pollution to the residents residing in that area.

¶457

iii. Further, in O.A. No.606/2018, several directions have been issued by the Principal Bench of National Green Tribunal, New Delhi while dealing with the implementation of Solid Waste Management Rules, 2016 in PAN India basis and interacted with the Chief Secretaries and on the basis of undertaking given by the Chief Secretaries that they will take appropriate steps to implement the Solid Waste Management Rules within their States, this Tribunal in that case had directed the Chief Secretaries to review the implementation of Solid Waste Management Rules in coordination with the Stakeholder Departments and if there is any gap found, provide all necessary assistance including infrastructure and financial in order to discharge their onerous responsibility of protecting environment and providing clean environment to the people of the locality and the Chief Secretary is directed to implement the direction issued by the Principal Bench in O.A. No.606/2018.

¶458

iv. The Kollam Municipal Corporation is directed to expedite the disposal of legacy waste lying in the Kureepuzha dump yard within the time frame provided in the Agreement and ensure that the legacy waste is bio-mined and removed completely and thereafter, carryout the waste management facilities in that area after obtaining necessary permission/clearance/No

¶459

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¶460

Objection Certificate, etc. (if any) required under the existing environmental laws including the EIA Notification, 2016.

¶461

v. The Kollam Municipal Corporation is directed to implement the Solid Waste Management Rules, 2016 regarding the collection, segregation and disposal of the waste both bio degradable and non biodegradable and other waste generated strictly complying with the various Waste Management Rules in its letter and spirit.

¶462

vi. The State Pollution Control Board is directed to monitor the disposal of legacy waste in Kureepuzha dump yard and if there is any gap found, then they are directed to take appropriate action against the persons who are violating the same in accordance with law.

¶463

vii. The State Pollution Control Board is also directed to strictly follow the directions issued by the Principal Bench of National Green Tribunal, New Delhi in OA No.606/2018 including recovery of compensation for non-implementation of the Solid Waste Management Rules, after the cut off date provided by the Principal Bench viz. 30.03.2020, in accordance with the slab of compensation provided and take steps to recover the amount from Kollam Municipal Corporation in accordance with law.

¶464

viii. The Additional Chief Secretary for Environment and Principal Secretary for Local Self Government Department are directed to monitor the proposed establishment of Waste Management facility and implementation of Solid Waste Management Rules, 2016 and other Waste Management Rules and the disposal of Legacy Waste lying in the dump yard at the earliest possible time and if there is any assistance both technical and financial required for Kollam Municipal Corporation, then they are directed to take steps to provide

¶465

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¶466

the same.

¶467

ix. The District Collector/District Magistrate of Kollam is also directed to monitor the implementation of Solid Waste Management Rules and if there is any gap found, then they are directed to provide necessary assistance to Kollam Municipal Corporation to rectify the same and ensure that the Waste Management Rules are strictly implemented in Kollam City Corporation without causing any nuisance to the nearby residents.

¶468

x. The State Pollution Control Board is directed to monitor the disposal of legacy waste and also the bio-mining, conduct soil as well as water analysis in that area, and if any future contamination is found, then they are directed to give further directions to Kollam City Municipal Corporation to carry out further steps (if any) to be taken before certifying that the legacy waste has been scientifically disposed of in that area has made the area contamination free.

¶469

xi. The Chief Secretary, State of Kerala is directed to review the implementation of Solid Waste Management Rules including the disposal of legacy waste in coordination with the respective stakeholders namely, District Collector-Kollam, State Pollution Control Board and Kollam City Municipal Corporation and if there is any assistance required from their level, then they are directed to provide all necessary assistance and guidance for them to implement the Solid Waste Management Rules, 2016 and also directions issued by the Principal Bench, National Green Tribunal, New Delhi in OA No.606/2018 within that area and take appropriate action against the persons who are not strictly following the directions in implementing the rules, as directed by the Tribunal in accordance with law.

¶470

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¶471

xii. Considering the circumstances, parties are directed to bear their respective cost in both the applications.

¶472

xiii. The Registry is directed to communicate this order to the Chief Secretary to Government, State of Kerala, Additional Chief Secretary for Environment, Principal Secretary for Local Self Government Department, District Collector/District Magistrate - Kollam, Chairman - Kerala State Pollution Control Board, and the Commissioner - Kollam City Municipal Corporation for their information and compliance of directions.

¶473

59. With the above directions and observations, both the original applications are disposed of.

¶474

Sd/Justice K. Ramakrishnan, J.M.

¶475

Sd/Dr. Satyagopal Korlapati, E.M.

¶476

O.A. No.439 of 2013 (SZ) O.A. No.456 of 2013 (SZ) 05^th July 2022. SE.

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Page 69 of 69

Chandran Pillai N v. the Secretary

Case brief

What is this about?

What did the court decide?

Chandran Pillai N v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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