Kerala High Court
Sr.Celestine Francis vs State Of Kerala on 3 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
WP(C) NO. 6985 OF 2023
PETITIONER:
SR.CELESTINE FRANCIS, AGED 76 YEARS SISTER GENERAL, ASSISI SISTERS
OF MARY IMMACULATE, GREEN GARDENS, CHERTHALA, ALAPPUZHA, PIN -
688524
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL
SELF GOVERNMENTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2. DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, PIN - 688001
3. THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
THATHAMPALLY, ALAPPUZHA, PIN - 688013
4. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, K.S.R.T.C BUS
TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MEMBER SECRETARY, PIN - 695001
5. CHERTHALA MUNICIPALITY, CHERTHALA, ALAPPUZHA, REPRESENTED BY ITS
SECRETARY, PIN - 688524
6. THANEERMUKKAM GRAMA PANCHAYAT, THANEERMUKKAM, CHERTHALA, ALAPPUZHA,
REPRESENTED BY ITS SECRETARY, PIN - 688527
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent to take immediate steps to stop the
construction of the faecal sludge treatment plant by the 5th respondent
municipality in Re.Sy.No. 4/3 in block no. 27 of Thaneermukkam North
Village, pending disposal of the writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
29.07.2024 and upon hearing the arguments of M/S ENOCH DAVID SIMON JOEL,
S.SREEDEV, RONY JOSE, LEO LUKOSE, KAROL MATHEWS SEBASTIAN ALENCHERRY &
DERICK MATHAI SAJI Advocates for the petitioner, SRI.SRI. T.NAVEEN
(STANDING COUNSEL),for R2,SRI. M.P.SREEKRISHNAN,Advocate for R4, SRI.J.OM
PRAKASH,Advocate for R5, the court passed the following:
MOHAMMED NIAS C.P, J.
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W.P.(C.) No. 6985 of 2023
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Dated this the 3rd day of September, 2024
ORDER
An office memorandum referring to the Common Municipal Solid
Waste Management Facility regarding the prior Environmental
Clearance points to the landfill site or Municipal Solid Waste disposal
being located far from habitation but near forests, rivers, ponds,
wetlands and low lying areas etc., which are ecologically sensitive sites
and requiring proper environmental management observed since the
forests, rivers, ponds, wetland and low lying areas are critical from
environmental point of view, it may not be appropriate to exempt this
activity of municipal solid waste disposal site or landfill site from the
requirement of prior environmental clearance. Though the case on
hand deals with the Faecal Sludge Treatment Plant (FSTP), to be
commissioned in low-lying area with lot of water bodies.
2. Though the learned Counsel for the SEIAA submits that the
issue is covered by the judgment of the National Green Tribunal in
appeals No. 3 and 4 of 2021, taking into account the peculiar features of
the land where the project is sought to be commissioned, the views of
WPC NO. 6985 OF 2023
SEIAA with reference to the office memorandum referred to above is
highly essential. This is more so because the project deals with an
application to establish a Faecal Sludge Treatment Plant (FSTP), with
a capacity of 250 kiloliters per day and given the magnitude of the
operation and for a proper resolution of the disputes, there will be a
direction to the 4th respondent the offer its views independently.
The said authority shall also take note of the fact that 80% of the
construction is over and therefore, it will be open to them to make
such suggestions to prevent any ecological degradation. An affidavit
shall be filed within six weeks from the date of receipt of a copy of
this order.
3. In view of the above order passed, there will be a
direction to the 5th respondent not to commission the project
without getting orders from this Court.
Post for disposal on 22.10.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
