MANUSHYAVAKASHA –PARISTHITHI SAMRAKSHANA SAMITHY.KUREEPUZHA NAGAR, No.72, KAVANADU.P.O, KOLLAM. KERALA STATE.
Reg. No. Q 22/2011
To…………………………………………………
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Dear Sir/Madam,
Sub:-Petition against Illegal Functioning of Garbage Treatment Plant & Waste Dumping Yard at Kureepuzha, Kollam District, and Kerala State.
This is a petition seeking immediate direction to the stoppage of the wholly illegal functioning of a garbage treatment plant with in the corporation limit of Kollam Corporation at Kureepuzha, Kerala state which has made the normal life of numerous citizens staying close –by and even away miserable posing serious challenge to their health, particularly the small children. In addition to the human life the environmental imbalances also affected due to the functioning of this illegal and unlawful means of construction of garbage plant and also dumping of solid waste on the banks of beautiful Ashtamudi Lake adjacent to the plant, which lies to East.
Irrespective of the continuous protest of the Environmental activators & other social organizations, the authorities of the Kolam corporation continued the dumping process in the open yard for all types of solid waste including plastic, thus created lot of environmental disaster in those areas. About five years ago proposal was mooted by the authorities to establish a garbage treatment plant in the area lulling the people of locality in to belief that the plant is extremely sophisticated, will not generate any bad odour, will not pose or create any health problems and will be eco-friendly and no harm to environment will be caused. Believing those representation including the district administration, some people not of the locality agreed for the establishment of the plant there on specific understating that the plant will not create any problem to the health, safety or environment of the locality and will not contribute to causing any infectious diseases to the people of the locality including children. It may be stated here that the plant is situated now in Sakthikulangara village in a place known as” KUREEPUZHACHERIYIL”, which is very close to “VATTAVANAKKAVU SRI DURGA TEMPLE “in the East and “THEVARU KAVU TEMPLE” on the South. Both temples were under the control of Travancore Devasom Board. Besides with in around 300 meter of the site of the plant and Dumping Yard, there is a Govt. Higher Secondary Scholl in which more than 3000 pupils are studying (Govt HSS, Vallikeezhu, and Kollam) .The Puthiyakavu Central School is also situated with 50 meter of the plant .Thus one meter of the Plant is situating “ANGANAWADI, HEALTH CENTRE etc.”
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Very close to the Plant there are about 500 residences, some of which are very close and in proximity to the Plant. Altogether there are about 10 Temples in the area frequenting by the people of the locality. There is Private Coir manufacturing Unit were large number of workmen are engaged, close to the existing garbage treatment plant. Thus the Plant is established in an area where the density of population is high and large number of residences are also situate`` When the Plant started functioning in December, 2010, it was found that the life for the residents of the area have become miserable as heaps of waste and garbage are always kept open in the premises and around 60 tones of garbage is treated every day, the practice appears to be that the garbage brought through vehicle are heaped in the premises of the plant , thereafter treated with some chemicals and kept there for about one month without putting it in the Plant.
The idea appears to treat 60 tones of garbage every day, but since that is not commenced that garbage is heaped in the premises causing danger to environment and bad odour and all round pollution to the whole area. Flies collect in large numbers to which a very powerful chemical is used which is extremely harmful to the people particularly to the old age and children. Announcement is made by those in charge of running the plant that the children shall not be allowed to come out from houses and be indoors during the material time.
Close to the Plant is situated the beautiful Ashtamudi lake, the famous “ARATTUKULAM “of Sakthi kulangara Temple etc. The Temple Tank and Ashtamudi Lake is now wholly polluted through the flow of Impure and foul smell water from the Plant as well as the Solid Waste Dumping area, make the water un-useful for the people of the locality. The Dumped garbage and waste is pulled in to Ashtamudi lake and now the lake will be highly polluted. The waste water is polluting the wells in the area as there is no effective scheme for water treatment. The remnants from the waste heaped in the premises including parts of dead animals and birds are spread in to the wells by birds, Crows etc frequenting the area.
In addition to this there is also a danger of getting fire to the garbage & solid waste on 23.02.2005 (two days continued) and from 10.01.2009 onwards the fire was happened seven days and this year on 24.01.2011 also getting fire to the garbage .During this period the people living around 3 to 4 km areas were badly affected the smoke, foul smell etc .Due to this several peoples have been admitted to hospital also.
In view of the above circumstances pointed out, the Environment Department, Government of Kerala has not so far certified or issued No Objection Certificate, which is mandatory under various provisions of Central Law relating to Environment. Considering the location of the Plant & Waste Dumping site and the serious heath & Environmental hazard posed to the residence nearby, environment authorities are not likely to issue certificate in view of the specification contained in the enactment relating to Environment and the precaution to be taken regarding health of the people. Besides, the plant & the waste dumping place were established destroying “KANDAL FOREST”, which is available in Kerala in different parts which is extending to about Two acres. It is now completely destroyed.
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Thus in any view of the matter, the Dumping site and functioning of the garbage treatment plant has become a danger to the residents of the people and poses danger to the members of the public like ENDOSULPHAN is doing in the Kasargode District of Kerala. The functioning of the plant , after its commencement , it is seen is affecting the residents of the area with in three Kmt radius and they are forced to keep indoors once the plant starts functioning In the aforesaid circumstances, in view of the complaints and objections raised by the people of the locality received the attention of the media and MATHRUBHUMI a Malayalam daily published on 22.12.2010 a special news items highlighting the serious health problems to the people of the locality by reason of the functioning of the garbage treatment plant and also published on 20.07.2011 about the worst condition of the polluted Ashtamudi lake , which was listed in” RAMSER SITE STAUS” category by the International Forum in November 2002.The illegal dumping and pulling of waste from the yard to the beautiful Ashtamudi lakes was reported by Manorama daily on 11.07.2011 .True copies of all the reports with photograph published in Mathrubhumi daily dated 22.12.2010 & 20.07.2011 and in Manorama daily dated 11.07.2011 were enclosed herewith .Thereafter the Electronic Media has also recently highlighted the problem and demand of the members of the public that the plant should be shifted elsewhere avoiding the health and Environmental hazards of the locality.
In the aforesaid circumstance, representing the people of the locality, a mass petition was submitted on 5th January 2011 in which 511 signatures were put, submitted to the Mayor of Kollam Corporation. On 16th July 2011 thousand of residence from the affected area conducted secretariat march and submitted another mass petition to the Hon’ble Chief Minister of Kerala followed by to the Hon’ble Urban Development Minister, Revenue Minister etc by the residence and students of the schools & colleges highlighting the inconvenience and intense health hazards faced by the people of the locality and also the imbalances of environment due to the illegal and unlawful dumping of waste and garbage and construction of illegal garbage plant at Kureepuzha..
On enquiries with the Pollution Control Board, the petitioners gather that they have not even inspected the premises or issued N.O.C .Further to that the residence of the area submitted petition to the Pollution control board for visiting the affected area .On the basis of the request the District Environment Officer visited the site and ascertained the defects and serious health problems of the local people. It is therefore, clear and obivious to any mind that the functioning of such a plant and illegal dumping of garbage is wholly illegal, affects the rights of the citizens of the area to live peace fully, to drink unpolluted water and to live unpolluted area free from disease and threat health which are guaranteed under Article 21 of the Constitution of India.
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In addition to that, the very function of the Plant is contrary to the notification issued by the Ministry of Environment and Forest on the 25th of September, 2010 as the Municipal Solid Wastes (Management and Handling) Rules 1999. There is specification for land sites and one of the stipulations is as follows:-
“THE LANDFILL SITE SHALL BE AWAY FROM HABITATION CLUSTERS, FOREST AREAS, WATER BODIES MONUMENTSM, NATIONAL PARKS, WET LANDS AND PLACES OF IMPORTANT CULTURAL, HISTORICAL OR RELIGIOUS INTERST”
The aforesaid stipulation is patently infracted in choosing the site for the plant and commencing its functioning contrary to and in violation of the statutory rules. In addition to that the aforesaid rules are breached in other manners also causing intense harm to the residents of the area making their life miserable and making impossible to live in the area. In these circumstances since in spite of submission of reports, the Corporation is not doing anything in the matter and the pollution and health hazards are continuing every day.
After the framing of the Municipal Solid Wastes (management and Handling) Rules, 1999, all Municipalities in the country are bound to and comply with those rules in establishing waste treatment and management plants. In the plant concerned it is submitted with respect all these rules have been brazenly breached. According to the Rules, the State Pollution Control Board shall monitor compliance of the standards regarding ground water, ambient air, leachate quality and compost quality handling incineration standard etc.
It is mandatory to make and application to the State Pollution Board for grant of authorization for setting up waste processing and disposal facility. To the best of the knowledge and belief of the petitioners, so far no authorities from the Environment Department obtained opinion from the residents or issued any N.O.C. This it is submitted is fatal to the continued functioning of the plant in the area.
It is also gathered that the authorization specified under the rules has also not been issued. At any rate, the functioning of the plant has to be monitored in accordance with the aforesaid rules. It is not been done. What was explained to the members of the public was that the plant will not cause any health hazards, will not spread odour or smell or cause any manner of pollution either to water, air or environment. All these representations have been found to be totally false. The functioning of the plant is also not in accordance with specifications. Large heaps of foul smelling garbage is kept in the open yard for days together.
It may be stated here that “NO OBJECTION CERTIFICATE” has not been obtained from any one of the residents close by. In fact it has been obtained from people living about 25 kms away from the plant. The functioning of the plant is posing one of the greatest dangers, harm and injury to the normal lives of the residents of the area, which it is submitted with respect, is patently volatile of Article 21 of the Constitution of India. The right to pure air, environment etc are now part of Article 21 as has been high –lighted by the Apex Court in numerous decisions.
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This right of the petitioners and other residents of the area are infracted by the malfunctioning of the Garbage Treatment Plant in the area, which is done without any care or caution and in thoroughly illegal manner without obtaining the necessary licenses.
The functioning of the Garbage Treatment Plant, it is submitted with respect will have to be altogether stopped as it is wholly illegal and invalid. In the continuous agitation of the people, the corporation conducted a medical camp on 31.07.2011 at the yard site it reveals that around 197 residence of the locality having Lungs infection, higher rate of blood pressure, serious skin decease etc due to the spreading of ammonium from the illegal dumping of garbage in the site.
In these circumstances the petitioners respectfully beg to submit that only alternative remedy available to us is to seek intervention of this Hon’ble office in exercise of its constitutional powers. The petitioners most humbly pray that your good office may seek clarification from the concerned authorities and take appropriate action in this regard.
And also request your good selves to give direction to stopping the functioning of the garbage Treatment Plant and illegal dumping of solid waste on the yard in Sakthikulangara village, in a place known as Kureepuzha, Kollam District, Kerlala state, which is causing serious health hazards to the residents of the locality particularly the small children and also harm to the environment imbalances in the area.
Thanking you,
Yours Truly,
For Manushyavakasha Paristhithi Samrakshana samithi
President: Sathyapalan
Secretary: Manalil K Santhosh ( Mob.No.9745544156)
Jt: Secretaries: A.E.Bhasheer, Sreekumar
Treasurer: Verendra Nath
Kollam
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