A Division Bench of the Kerala High Court on Wednesday directed the Union government and the Central Pollution Control Board to file a detailed affidavit in response to the allegations of dumping of waste generated from the vessels calling at the Cochin Port in public places.
The Bench comprising Justice Thottathil B. Radhakrishnan and Justice K. Harilal also directed the Cochin Port Trust to file an affidavit stating how it was discharging its statutory duties and responsibilities in terms of the provisions of the Kerala Municipalities Act.
The court issued the directives on a petition filed by K.N. Unnikrishnan of Kadavanthra seeking a directive to prevent dumping of waste generated from the vessels calling at the port in public places near the port areas.
The court also flayed the Kochi Corporation and observed that it appeared to be blissfully ignorant of its primary responsibility of public health and hygiene.
The petitioners said wastes, including toilet waste generated and stored in the vessels calling at the port, were being taken out of the vessel by private agencies on the basis of the licence given by the port trust. They later dump these wastes in public places and areas near the port.
The court observed that different Union Ministries had to immediately take a comprehensive look at the critical situation arising out of the management of sewage waste and other wastes, including oil, which reaches the shores of Kochi through passenger and cargo vessels.
The court also expressed its dissatisfaction on the stand taken by the port and observed that the management of waste as pointed out in the port’s affidavit would not solve the problem. The court pointed out that the port’s pact with a hotel in the Wellington Island for the waste management did “not appear to contain any definite and firm commitment or enforceable nature”. The port submitted that the waste was being handled as per the terms of the International Convention for the Prevention of Pollution from Ships (MARPOL). Materials such as plastics, which could not be disposed of at sea, were being brought ashore for recycling, it said. The port submitted that it did not give permission for offloading infected hazardous waste. The court also directed the port health officer to inspect and assess facilities and file an affidavit.
