DEJO KAPPEN Vs. CORPORATION OF COCHIN

JUDGEMENT

(1.) This order be read in continuation of the various orders passed by this Court from time to time and particularly the orders dated 10th November, 2006 and 5th January, 2007. Learned counsel appearing for the petitioner in tune with the observation made by us on 5th January, 2007 has placed on record some suggestions which may go a long way in solving the problem under consideration. The same read thus:

(2.) Mr. M. K. Chandramohan Das, learned counsel appearing for the Cochin Corporation states that all suggestions but for the one enumerated at item I would be acceptable to the Corporation. We record appreciation of the parties who have arrived at consensus for solving a serious problem of garbage removal. The proposal enumerated at item I does not appear to be necessary in the facts and circumstances of the case. We thus order that all steps enumerated in the proposal reproduced above shall be carried out in letter and spirit except the one enumerated at item I. Smt. Pinku H. Thaliyath, learned counsel representing respondents 6 and 7 however states that some problems are likely to arise from the proposals mentioned above. We may only comment by saying that if any problem may arise emanating from the suggestions as mentioned above, it will be open for any party to this petition to move a miscellaneous application. Mr. M. P. Madhavankutty, learned counsel representing the Vadavukode Puthencruz Grama Panchayat states that the area at Brahmapuram is waterlogged as reported by the Ombudsman and it may not be possible to dump garbage at that place. The contention raised by the learned counsel does not appear to be correct. The local Commissioner who has visited the spot has recommended Brahmapuram as an ideal place for dumping the garbage. We have already mentioned in one of our orders that the waterlogged area shall be reclaimed.

(3.) Learned counsel representing the Corporation states that they will take some time to make walls to prevent water pollution as four walls have to be constructed. We only comment / observe that the Corporation may take such time as may be necessary to do the needful. The order passed by us would be meticulously complied with by all concerned. We leave it open to the parties to move a miscellaneous application in case any problem may arise. Before we may part with this order we would like to mention that the Corporation may think of steps other than mentioned above to eradicate the problem of garbage dumping.