BIJUMON V.S Vs. ENVIRONMENTAL ENGINEER

JUDGEMENT

(1.) THE petitioners, who are the local residents of Ward No.8 of the 2nd respondent panchayath, have come up before this Court alleging that the 3rd respondent is causing environmental pollution by burning plastic and other waste in an incinerator, which, according to them, is unscientifically installed. They have sought direction to respondents 1 and 2 to enquire into Exts.P11 and P12 and to take appropriate remedial action.

(2.) THERE is a housing colony at Kudamlloor, Kottayam, by name, 'Shire Villa'. There are about 29 villas within the colony. The petitioners reside on the western side of the villa complex. They allege that till recently, the domestic waste and plastic waste of the colony were removed through an independent agency. Now, the colony people, at the instance of the 3rd respondent, erected an incinerator near to the petitioners' residence. Burning of plastic and domestic waste is carried out round the clock, which, according to the petitioners, causing environmental pollution. According to them, the burning is done indiscriminately and unscientifically and creating health hazards in the locality. In support of their claim, they have produced Ext.P6 photographs and Exts.P7 to P9. The petitioners allege that the incinerator, now erected, has no facilities for plastic or domestic waste burning and the indiscriminate and unscientific burning releases dangerous vapour like dioxin, which is carcinogenic. Therefore, the petitioners have approached the authorities concerned with Exts.P11 and P12 representations, which did not evoke any positive response. Thus, the petitioners have come up before this Court.

(3.) THE 3rd respondent has filed a counter affidavit refuting the allegations. According to them, the incinerator was scientifically installed and they had done all possible things to avoid environmental pollution.