K.M.Joseph Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1096205
CourtKerala High Court
Decided OnOct-23-2013
JudgeHONOURABLE MR.JUSTICE A.M.SHAFFIQUE
AppellantK.M.Joseph
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice a.m.shaffique wednesday, the23d day of october20131st karthika, 1935 wp(c).no. 16577 of 2013 (v) ---------------------------- petitioner(s): ----------------------- k.m.joseph, karimpumaliyil, gandhinagar p.o.,kottayam - 686 008. by adv. sri.mathew philip edappallil. respondent(s): -------------------------- 1. state of kerala, represented by the secretary to government, medical education department, secretariat, thiruvananthapuram - 695 001.2. superintendent, medical college hospital, gandhinagar p.o.,kottayam - 686 008.3. principal, medical college, kottayam, gandhinagar p.o., kottayam- 686 008. * addl. r4 impleaded4 environmental engineer, kerala state pollution control board, district office, st.antony's complex, nagampadom, kottayam -686 001. * addl. r4 is impleaded as per order dated1408.2013 in ia. no.9131/2013. r1 to r3 by govt. pleader smt.k.a. sanjeetha. addl. r4 by adv. sri. m.ajay, sc, kerala state pcb. this writ petition (civil) having been finally heard on2310-2013, the court on the same day delivered the following: rs. wp(c).no. 16577 of 2013 (v) appendix petitioner's exhibits:- exhibit-p1- true copy of the sale deed number34411975 of sro, kottayam. exhibit-p2- true copy of the basic tax receipt in respect of the property held by the petitioner. exhibit-p3- true copy of the building tax receipt dated0907/2012 issued by the arpookara grama panchayath. exhibit-p4- true copy of the news paper report published in malayala manorama daily dated0505/2013. exhibit-p5- true copy of the news report in malayala manorama daily dated2605/2013. exhibit-p6- true copy of the photographic print of the residence of the petitioner. exhibit-p6a -true copy of the photographic print of the plant. exhibit-p7- true copy of the photographic print of the plant. exhibit-p7a-true copy of the photographic print of the plant. exhibit-p7b-true copy of the photographic print of the plant. exhibit-p8- true copy of the laywer's notice dated0406/2013 issued to the2d and3d respondents. exhibit-p9- true copy of the postal acknowledgment of the superintendent of medical college hospital, kottayam. exhibit-p9a- true copy of the postal acknowledgment of the principal, medical college, kottayam. respondent's exhibits:- nil. //true copy// p.s.to judge rs. a.m.shaffique, j.====================== w.p.(c)no. 16577 of2013======================= dated this the 23rd day of october, 2013 judgment the petitioner has approached this court inter alia seeking a direction to run the residual water from the proposed sewage plant of medical college hospital, kottayam through appropriate pipe line. it is not in dispute that old sewage treatment plant(stp) is being run and the capacity is being increased by the medical college authorities. a report has been filed by the environmental engineer, kerala state pollution control board which reads as follows: "1) it is respectfully submitted that the site was inspected on 30.08.2013 based on this writ petition and complaint received in this office. the petitioner wpc165772013 2 was present at the time of inspection. it was noticed that the construction of the new sewage treatment plant(stp) is in progress and around 90% works are completed. this new sewage treatment plant is designed for handling 32 lakhs liters/day and the maximum quantity of treated effluent generation is estimated to be 30 lakhs litres/day.2. at present, the partially treated effluent from the existing old stp is discharged through an earthen channel to nearby storm water drain and to a water course (pennar thodu) leading to meenachil river. the residence and well of the petitioner are around 80m from the new stp outlet point and around 50m from his property boundary. the entire land area is a sloppy terrain towards the petitioner's side. the existing earthen channel propose to dispose the treated effluent is flowing along the side of petitioner's property and is at a distance of 10m from the petitioner's well. on commissioning of the new stp, the teated effluent quality will be much better and chances of well water contamination is less. however, the quantity of effluent discharge will be much above the present volume.3. continuous discharge of treated effluent through this earthen channel will contribute to ground water recharge and this may reach the well of the wpc165772013 3 petitioner also. if the 3rd respondent do not take effective steps for the proper operation and maintenance of the new stp, there can be upsets in the treatment process and the final effluent may not attain consented standards/limits and may contaminate petitioner's well.4. to solve the anticipated ground water contamination permanently, the 3rd respondent shall comply the following: i) operate the sewage treatment plant(stp) in strict compliance with the conditions of the consent issued by the board. ii)shall execute an operation and maintenance contract agreement with the stp consultant to ensure continuous operation of the sewage treatment plant at design condition. iii)maximum treated effluent shall be disposed as land irrigation and excess effluent only be discharged to nearby water course. iv)irrigation land shall be at least 15m away from nearby wells. v)provide impervious pipeline of adequate diameter from the outlet point of stp to the final discharge point in pennar thodu (to avoid any contamination of petitioner's well in case of any upset in the stp operation)." wpc165772013 4 2. having regard to the nature of steps taken by the respondents-authorities for putting up the new sewage treatment plant and the conditions imposed by the pollution control board, i am of the view that there may not be any problem of the alleged contamination of the well belonging to the petitioner. it is indicated in paragraph 4 (v) of the report that the 3rd respondent has to provide impervious pipe line of adequate diameter from the outlet point of stp to the final discharge point in pennar thodu (to avoid any contamination of petitioner's well in case of any upset in the stp operation) .3. having regard to the aforesaid report submitted by the additional 4th respondent, i am of the view that this writ petition can be disposed of as under:1. the respondents-authorities shall strictly comply with the directions issued by the pollution control board especially paragraph 4 of the report dated 10.09.2013 submitted by the additional 4th respondent and ensure that they shall comply with the said standards in accordance with the directions issued by board. wpc165772013 5 2) if the respondents shall not comply with the said arrangements made by them, in future, it shall always be open for the petitioner to point out the same to the competent authorities. 3)disposal of this writ petition shall not preclude the petitioner to approach this court again if there is further contamination of the well, despite the directions issued by this court. sd/- a.m.shaffique,judge ks. true copy p.s.to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE23D DAY OF OCTOBER20131ST KARTHIKA, 1935 WP(C).No. 16577 of 2013 (V) ---------------------------- PETITIONER(S): ----------------------- K.M.JOSEPH, KARIMPUMALIYIL, GANDHINAGAR P.O.,KOTTAYAM - 686 008. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MEDICAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, GANDHINAGAR P.O.,KOTTAYAM - 686 008.

3. PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM, GANDHINAGAR P.O., KOTTAYAM- 686 008. * ADDL. R4 IMPLEADED4 ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ST.ANTONY'S COMPLEX, NAGAMPADOM, KOTTAYAM -686 001. * ADDL. R4 IS IMPLEADED AS PER ORDER

DATED1408.2013 IN IA. NO.9131/2013. R1 TO R3 BY GOVT. PLEADER SMT.K.A. SANJEETHA. ADDL. R4 BY ADV. SRI. M.AJAY, SC, KERALA STATE PCB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2310-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 16577 of 2013 (V) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1- TRUE COPY OF THE SALE DEED NUMBER34411975 OF SRO, KOTTAYAM. EXHIBIT-P2- TRUE COPY OF THE BASIC TAX RECEIPT IN RESPECT OF THE PROPERTY HELD BY THE PETITIONER. EXHIBIT-P3- TRUE COPY OF THE BUILDING TAX RECEIPT DATED0907/2012 ISSUED BY THE ARPOOKARA GRAMA PANCHAYATH. EXHIBIT-P4- TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED0505/2013. EXHIBIT-P5- TRUE COPY OF THE NEWS REPORT IN MALAYALA MANORAMA DAILY DATED2605/2013. EXHIBIT-P6- TRUE COPY OF THE PHOTOGRAPHIC PRINT OF THE RESIDENCE OF THE PETITIONER. EXHIBIT-P6A -TRUE COPY OF THE PHOTOGRAPHIC PRINT OF THE PLANT. EXHIBIT-P7- TRUE COPY OF THE PHOTOGRAPHIC PRINT OF THE PLANT. EXHIBIT-P7A-TRUE COPY OF THE PHOTOGRAPHIC PRINT OF THE PLANT. EXHIBIT-P7B-TRUE COPY OF THE PHOTOGRAPHIC PRINT OF THE PLANT. EXHIBIT-P8- TRUE COPY OF THE LAYWER'S NOTICE DATED0406/2013 ISSUED TO THE2D AND3D RESPONDENTS. EXHIBIT-P9- TRUE COPY OF THE POSTAL ACKNOWLEDGMENT OF THE SUPERINTENDENT OF MEDICAL COLLEGE HOSPITAL, KOTTAYAM. EXHIBIT-P9A- TRUE COPY OF THE POSTAL ACKNOWLEDGMENT OF THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S.TO JUDGE rs. A.M.SHAFFIQUE, J.

====================== W.P.(C)NO. 16577 OF2013======================= Dated this the 23rd day of October, 2013 JUDGMENT

The petitioner has approached this Court inter alia seeking a direction to run the residual water from the proposed sewage plant of Medical College Hospital, Kottayam through appropriate pipe line. It is not in dispute that old sewage treatment plant(STP) is being run and the capacity is being increased by the medical college authorities. A report has been filed by the Environmental Engineer, Kerala State Pollution Control Board which reads as follows: "1) It is respectfully submitted that the site was inspected on 30.08.2013 based on this writ petition and complaint received in this office. The petitioner WPC165772013 2 was present at the time of inspection. It was noticed that the construction of the new sewage treatment plant(STP) is in progress and around 90% works are completed. This new sewage treatment plant is designed for handling 32 lakhs liters/day and the maximum quantity of treated effluent generation is estimated to be 30 lakhs litres/day.

2. At present, the partially treated effluent from the existing old STP is discharged through an earthen channel to nearby storm water drain and to a water course (Pennar thodu) leading to Meenachil river. The residence and well of the petitioner are around 80m from the new STP outlet point and around 50m from his property boundary. The entire land area is a sloppy terrain towards the petitioner's side. The existing earthen channel propose to dispose the treated effluent is flowing along the side of petitioner's property and is at a distance of 10m from the petitioner's well. On commissioning of the new STP, the teated effluent quality will be much better and chances of well water contamination is less. However, the quantity of effluent discharge will be much above the present volume.

3. Continuous discharge of treated effluent through this earthen channel will contribute to ground water recharge and this may reach the well of the WPC165772013 3 petitioner also. If the 3rd respondent do not take effective steps for the proper operation and maintenance of the new STP, there can be upsets in the treatment process and the final effluent may not attain consented standards/limits and may contaminate petitioner's well.

4. To solve the anticipated ground water contamination permanently, the 3rd respondent shall comply the following: i) Operate the sewage treatment plant(STP) in strict compliance with the conditions of the consent issued by the Board. ii)Shall execute an operation and maintenance contract agreement with the STP consultant to ensure continuous operation of the Sewage Treatment Plant at design condition. iii)Maximum treated effluent shall be disposed as land irrigation and excess effluent only be discharged to nearby water course. iv)Irrigation land shall be at least 15m away from nearby wells. v)Provide impervious pipeline of adequate diameter from the outlet point of STP to the final discharge point in Pennar thodu (to avoid any contamination of petitioner's well in case of any upset in the STP operation)." WPC165772013 4 2. Having regard to the nature of steps taken by the respondents-authorities for putting up the new sewage treatment plant and the conditions imposed by the Pollution Control Board, I am of the view that there may not be any problem of the alleged contamination of the well belonging to the petitioner. It is indicated in paragraph 4 (v) of the report that the 3rd respondent has to provide impervious pipe line of adequate diameter from the outlet point of STP to the final discharge point in Pennar thodu (to avoid any contamination of petitioner's well in case of any upset in the STP operation) .

3. Having regard to the aforesaid report submitted by the additional 4th respondent, I am of the view that this writ petition can be disposed of as under:

1. The respondents-authorities shall strictly comply with the directions issued by the Pollution Control Board especially paragraph 4 of the report dated 10.09.2013 submitted by the additional 4th respondent and ensure that they shall comply with the said standards in accordance with the directions issued by Board. WPC165772013 5 2) If the respondents shall not comply with the said arrangements made by them, in future, it shall always be open for the petitioner to point out the same to the competent authorities. 3)Disposal of this writ petition shall not preclude the petitioner to approach this Court again if there is further contamination of the well, despite the directions issued by this Court. Sd/- A.M.SHAFFIQUE,JUDGE ks. True copy P.S.TO JUDGE