Brahmapuram fire: Kerala HC seeks comprehensive affidavit from Collector

Kochi (Kerala) [India], March 8 : The Kerala High Court has directed Ernakulam District Collector to submit a comprehensive affidavit on Friday over the fire incident that happened at Brahmapuram Waste Plant.
The court also asked the District collector not to stay away from this issue.
On Monday, the court initiated a suo motu writ petition for the fire incident. Division Bench of Justice SV Bhatti and Justice Basant Balaji considered this today.
In furtherance of the Court directions, the Additional Chief Secretary, Local Self Government Department, Government of Kerala appeared before the Court today via video conference along with Ernakulam District Collector and Pollution Control Board Chairman.
The fire occurred last Thursday and it still has not been extinguished completely. The helicopters of the Indian Navy and Air Force with fire and rescue officials are operating at Brahmapuram to douse the fire now.
"This court would be considering issuing directions to be carried out by the officers of the state and also by the persons entrusted with the functions and duties by the environmental laws, Environment Protection Act r/w Rules and Solid Waste Management Rules 2016. The present Suo Motu initiative of the Court is not to be treated as publicity interest litigation or prosecution interest litigation initiated by HC," the court observed.
It further said that being a constitutional court, this court is the custodian and guardian of the rights of citizens under the Constitution and protects rights assured to citizens under the EP Act, etc.
"In incidents in the immediate past, this Court has noticed that these rights of citizens part in Ernakulam are at stake. Therefore, this suo motu seeks to address this situation," the court said.
The court would not be entertaining any impleading petition from any quarter for now, but would be focusing on the issues at hand, it said.
"One thing is clear in the state of Kerala. You have to take calls whether today or never. We will be giving you time for establishing facilities - Functional facilities and not just skeletal facilities - in municipal corporations, municipalities and gram panchayats. We want the state government to commit to this. We want you to issue orders and instructions to make everyone responsible on this behalf. I'm not setting up any utopian goal, we have already lost 6 years on this. In a state like Kerala, you can accomplish results in a short time. We don't want bulky reports. We want a bullet presentation with a timeline. I have 25 years of experience with environmental law," it added.
The court further said that it would not seek any 'bulky reports' and added, "After that, we will be calling upon you to impose fines and penalties."
Court also informed that there was no order from the District Collector granting a holiday to school students.
The Court was informed that the pollution was unbearable for the students, and they were sent back.
"It was further informed that tomorrow also, no holiday is declared yet," the court noted.
"Collector, we don't want to take you by surprise. Please ask your deputies to immediately go there. What is called the 'Precautionary Principle' is there. Please immediately take action on that. Have sufficient information circulated. This is information he is giving in the larger interest of youngsters. By 6 o'clock, information should go out," Court directed the DM.
Court also asked the Municipal Corporation Secretary, Advocate General, and District Collector to appear before the Court on Friday.