The dumping of waste and draining of sewage into the Thevara-Perandoor canal will invite action under the provisions of the Disaster Management Act, 2005, from now on, according to an order issued by the Disaster Management Department on November 5. “Dumping of waste and draining of sewage into the Thevara-Perandoor canal will be liable for prosecution under the Disaster Management Act, 2005, as waste and sewage are causing water clogging and are polluting drinking water and ground water sources,” it said.
HC directive
The order was issued after the Kerala High Court directed the government to take appropriate measures prohibiting the practice, making such actions liable for prosecution under the applicable laws including the Police Act, Kerala Municipal Act and other provisions of Indian Penal Code.
As per the directive, draining out of rainwater into the piped sewerage system, roadside drains or to public pathways and roads will be considered as non-compliance of the order.
Any person who wilfully disobeys or obstruct the implementation of the order may be penalised as per the provisions of Section 51, 54, 55 and 56 of the Disaster Management Act, 2005, which may extend to imprisonment of one year or fine or with both as the case may be.
Monthly report sought
The Secretary of the Kochi Corporation has been directed under Section 22 (2) (h) of the Disaster Management Act, 2005, to meticulously ensure that the government order is strictly implemented.
The official has to furnish a monthly report to the District Collector, Ernakulam, on the status of implementation of such orders.
The Secretary has been delegated under Section 69 of the Disaster Management Act, 2005, to exercise powers under Section 51, 54, 55 and 56 of Disaster Management Act, 2005 for the limited purpose of implementation of the government order. “The Secretary can directly penalise any person who wilfully disobeys or obstructs the implementation of the order as per the provisions of Section 51, 54, 55 and 56 of the Disaster Management Act, 2005, which may be extended to imprisonment of one year or fine with both as the case may be,” said the government directive.
It recalled that the High Court had observed in WP (C) No. 23911/18 that the canal had turned into “a rancid, putrid sewage canal causing danger to all the residents of the city contaminating ground water, drinking water sources and was now a disaster waiting to happen.”
The Thevara-Perandoor canal is considered as the lifeline of the city, according to the order.
