Kiran Raj

The National Green Tribunal (NGT), Southern Zone, Chennai, in its hearing dated January 2, 2025, issued stringent directions in a suo motu proceeding arising from a report in The New Indian Express, titled “Kerala’s Medical Waste Dumped in Nellai Villages”. The matter, registered as Original Application No. 312 of 2024 (SZ), pertains to the illegal dumping of biomedical waste from Kerala into Tamil Nadu, raising serious concerns over environmental compliance and interstate cooperation.

The Tribunal, comprising Justice Pushpa Sathyanarayana (Judicial Member) and  Dr. Satyagopal Korlapati (Expert Member), examined reports submitted by the Kerala State Pollution Control Board (KSPCB), Tamil Nadu Pollution Control Board (TNPCB), and the Secretary of the Environment Department, Kerala. The Tribunal took note of the action taken to remove the illegally dumped waste, but it identified significant lapses in the responses and actions of the Kerala authorities.

The report from the Kerala authorities stated that following intervention by the Chief Secretary, a high-level meeting was convened on December 19, 2024, involving representatives from the KSPCB, Thiruvananthapuram Corporation, and experts from the Indian Medical Association Goes Eco-Friendly (IMAGE), the sole agency authorized to manage biomedical waste in Kerala. Subsequently, a joint inspection was conducted in Tirunelveli District, Tamil Nadu, where the waste was illegally dumped. While the waste was reportedly removed under supervision, the Tribunal observed with concern that the Kerala report failed to specify the quantity of waste removed. The order noted: “Surprisingly, the report filed by the State of Kerala is silent about the quantity of waste removed from the sites, though the team had come to assess the quantity.”

The Tribunal observed further deficiencies in the actions of the Kerala authorities, particularly the issuance of notices by KSPCB. Show cause notices dated December 19 and 20, 2024, were sent to entities, including M/s. Regional Cancer Centre, Thiruvananthapuram, M/s. Credence Hospital, M/s. Kovalam Resorts Private Limited (The Leela Kovalam), and M/s. Sunage Eco Systems Private Limited, threatening revocation of their environmental consents. Despite the lapse of the stipulated timeline for responses, no further action was reported. The Tribunal observed: “The duty of the authorities is not stopped by issuing only the show cause notice. After further enquiry, the same should be brought to a logical conclusion.”

During the proceedings, counsel for M/s. Credence Hospital submitted that the hospital had responded to the show cause notice within the prescribed time, but the Kerala authorities had not yet conducted the inquiry. The Tribunal expressed discontent over this delay, stating that such inaction allowed violators to operate without hindrance. It also questioned the KSPCB’s omission in issuing notices to IMAGE, which is the only authorized agency for biomedical waste management in Kerala and an alleged violator in the current matter. The order stated: “While admittedly, it is the only authorized agency in the State of Kerala, nowhere it is stated that any other agency had handled the biomedical waste referred in this case.”

Further complicating matters, the Tribunal noted that IMAGE was involved in the joint inspection team despite being a potential violator. This raised serious questions regarding impartiality and procedural compliance. The Kerala authorities were directed to explain why IMAGE was not served with a notice, considering its pivotal role in waste management.

The issue escalated with the Tamil Nadu authorities reporting the interception of four trucks carrying food and fish waste and one vehicle loaded with human excreta in Kanyakumari on December 23, 2024. The vehicles, originating from Thiruvananthapuram in Kerala, were seized by the Tamil Nadu Police near Kaliyakkavilai. The Tribunal remarked: “This also adds to the agony to show that these kinds of violations are recurring in the border states.”

Acknowledging the recurring nature of such violations, the Tribunal directed the State of Kerala to take robust measures to prevent cross-border dumping of waste. It further directed Tamil Nadu to strengthen border enforcement mechanisms by constituting a Special Task Force. The Central Pollution Control Board (CPCB), though not a party to the proceedings, was directed to finalize and circulate Standard Operating Procedures (SOPs) for handling biomedical and other waste to all State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs). The Tribunal stated: “Though the CPCB had earlier stated that they are in the process of issuing the SOP in this regard, we are not sure whether the same has been finalized and circulated to all the SPCBs/PCCs for follow-up.”

The Tribunal expressed its dissatisfaction with the lack of accountability and directed the Secretary of the Environment Department, Kerala, to file a comprehensive report addressing the issues identified, including the absence of details on the waste quantity removed and the actions taken against violators. It warned: “If no satisfactory action is taken by the authorities concerned, appropriate directions will be issued by this Tribunal, which may not be palatable to the authorities.”

The matter has been listed for further hearing on January 20, 2025.

Case Title: Tribunal on its own motion v. The Principal Secretary to Government of Tamil Nadu & Ors.
Case Number: Original Application No. 312 of 2024 (SZ)
Bench: Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati

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