LAWS(KER)-2022-6-334

SUO MOTU Vs. STATE OF KERALA

Decided On June 22, 2022
SUO MOTU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The Special Commissioner, Sabarimala, has filed this report regarding bio-toilet and bio-urinal facilities enroute Sabarimala Sannidhanam. In the report of the Special Commissioner it is stated that there are permanent toilet facilities in Pampa, Nilakkal and Sannidhanam. The basic necessity of pilgrims along the trekking path to Sabarimala are met by 5 bio-urinals and 5 bio-toilets installed by the High Power Committee and operated by the Travancore Devaswom Board. The operation, maintenance and upkeep of the biotoilets and bio-urinals are outsourced to 9th respondent Indian Centrifuge Engineering Solutions Pvt. Ltd., at the rate of Rs.714.825 per day for bio-urinals and Rs.571.4 per day for bio-toilets. The 8th respondent Assistant Engineer in the Environment Wing of the Travancore Devaswom Board is the implementing officer, who supervise the operation and maintenance of bio-toilets and bio-urinals, which work on anaerobic bacterial degradation, where particulate matter is converted to gases like methane, carbon dioxide and water. Defence Research and Development Organisation certified inoculum is being used in these bio-toilets and bio-urinals. Due to the rise in number of pilgrims and high input in bio-toilets, within a short span of time, a foul smell comes from bio-toilets due to lack of time to complete the bio-degradation process. This issue can be resolved by installing more bio-toilets and bio-urinals along the trekking path and ensuring its proper operation, maintenance and upkeep. The 3rd respondent

(2.) On 7/4/2022, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader for the official respondents sought time to get instructions and file statement.

(3.) The learned Standing Counsel for Travancore Devaswom Board has filed a statement on behalf of respondents 2 to 4, wherein it is stated that the bio-toilets provided along the trekking path from Pamba to Sabarimala were installed in the year 2013, as per the directions of the High Power Committee for the implementation of Sabarimala Master Plan. Defence Research and Development Organisation certified inoculum is being used in these bio-toilets. The sanctioned rate for the operation of bio-toilets and bio-urinals was fixed by the High Power Committee in 2013. Still, that rate is taken for tender procedure. The total number of bio-urinals (gents) placed along the trekking path from Pamba to Sabarimala is 8, out of which 3 are placed between Pamba Bus Stand and Triveni and the remaining 5 are placed between Marakkoottam and Sannidhanam. 5 bio-toilets (ladies) are also placed in between Marakkoottam and Sannidhanam. The estimate for the operation and cleaning of bio-toilets and biourinals during the temple opening days of March, 2022 was prepared based on the sanctioned rate of Rs.714.825 per biourinal per day and Rs.571.428 per bio-toilet per day for 11 days and placed before the Executive Engineer for tender process. The work has been arranged with an estimated amount of Rs.95,000.00 and the 9th respondent executed the work properly. The work was supervised by the 8th respondent Assistant Engineer in the Environment Wing of the Board throughout the temple opening days. The work carried out by the 9th respondent was found satisfactory. The number of biourinals placed along the trekking path is very less compared to the number of pilgrims per day. Hence chances of open urination in these areas are very high.