National Green Tribunal Report on Waste Dumping in Quarry

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Suo Motu Report Received From Justice A V ... vs The Chief Secretary Government Of ... on 24 March, 2026

Item No.2:-

          BEFORE THE NATIONAL GREEN TRIBUNAL
               SOUTHERN ZONE, CHENNAI

            Tuesday, the 24th day of March 2026.

               [Through Physical Hearing (Hybrid Option)]

          Original Application No.169 of 2023 (SZ)

IN THE MATTER OF

   Tribunal on its own motion Suo Motu
   based on the report dated 26.06.2023
   received from Hon'ble Justice A.V.
   Ramakrishna Pillai on the Present Status
   of Waste dump site at Kubanoor in
   Mangalpady        Panchayat,   Kasargod
   District, Kerala.

                                 With

 1) The Chief Secretary
   Government of Kerala,
   Govt. Secretariat,
   Thiruvananthapuram - 695 001.

 2) The Principal Secretary to Govt. of Kerala
   Health and Family Welfare Department,
   Room No.603, 6th Floor, Annex II,
   Secretariat,
   Thiruvananthapuram - 695 001.

 3) The Principal Secretary to Govt. of Kerala
   Department of Environment,
   Room No.406, 4th Floor, Annex II,
   Secretariat,
   Thiruvananthapuram - 695 001.

 4) The Additional Chief Secretary to Govt. of Kerala
   Local Self Government Department,
   Room No.505, 5th Floor, Annex I,
   Secretariat,
   Thiruvananthapuram - 695 001.

 5) The Chairman
   Kerala State Pollution Control Board
   Head Office, Pattom P.O.,
   Thiruvananthapuram - 695 004.

 6) The District Collector
   Kasargod District,
   Civil Station, Vidyanagar,
   Kasargod, Kerala - 671 123.

                                                            Page 1 of 8
 7) Mangalpady Grama Panchayat
     Rep. by its Secretary,
     Naya Bazar, Kasargod,
     Kerala - 671 324.
                                                            ...Respondent(s)

For Applicant (s):        Suo Motu

For Respondent(s):        Mr. G. Vignesh represented
                          Mr. E.K. Kumaresan for R1 to R4 & R6.
                          Mrs. V.K. Rema Smrithi for R5.
                          Mr. Dinesh Rao for R7.

Judgment Reserved on: 13th March, 2026.

CORAM:

HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER

                              JUDGMENT Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The present Original Application has been registered suo
   motu by this Tribunal considering the issues raised in the report
   dated 26.06.2023 received from Hon'ble Mr. Justice A.V.
   Ramakrishna Pillai, Former Judge of Hon'ble High Court of Kerala
   & Chairman, State Level Monitoring Committee (SLMC), Kerala.

2. The report concerns the dumping of waste in the
   abandoned laterite stone quarry located at Kubanoor in
   Mangalpady Grama Panchayat, Kasaragod District, Kerala.

3. The report indicates that the abandoned laterite mine,
   having an extent of about 2.5 acres, has been used as a dumping
   yard for unsegregated municipal solid waste for the past 18 years.
   Approximately 15-20 tonnes of solid waste per day were
   reportedly dumped at the site without scientific segregation or
   processing.

4. It is further reported that since the site was originally a
   laterite quarry, nearly 90% of the accumulated waste lies below
   the surface level, aggravating the environmental hazard.

Page 2 of 8 5. The report also states that Mangalpady Grama Panchayat,
having a population exceeding one lakh, had been transporting
the entire municipal waste generated within its jurisdiction to the
said location without proper segregation or treatment.

1. Local residents have also raised serious grievances
   regarding the unscientific dumping of waste. During the monsoon
   season, leachate from the accumulated waste flows into nearby
   residential premises due to the uneven terrain and hill slope,
   causing environmental pollution and posing serious health risks.

2. It is further stated in the report that the Kerala State
   Pollution Control Board had conducted inspections and issued
   directions to the Panchayat to ensure compliance with the Solid
   Waste Management Rules, 2016. However, the Panchayat failed
   to comply with such directions and the Board has initiated action
   for imposing Environmental Compensation for non-compliance.

3. Upon notice, the Additional Secretary, Local Self
   Government Department, Government of Kerala, submitted
   that the Material Collection Facility (MCF) of Mangalpady Grama
   Panchayat is situated at Kubanoor in Manjeswaram Block
   Panchayat of Kasaragod District. The waste collected through
   Haritha Karma Sena from households and establishments is
   transported to the said MCF for management of non-
   biodegradable waste.

4. The Panchayat has entered into an agreement with
   M/s.Green Village, a Haritha Sahaya Sthapanam, for management
   of non-biodegradable waste and the waste stored at the MCF is
   periodically lifted by the contractor for further processing.

5. According to the total station survey conducted at the
   site, approximately 15,697.32 cubic meters of legacy waste is
   present at the Kubanoor dump site. To address the issue of
   accumulated legacy waste, the Panchayat has undertaken a
   biomining project under the Centrally Sponsored Scheme fund of
   Rs.1.50 Crores and the local body's Development fund of Rs.50
   Lakhs.

Page 3 of 8 11. The tender for the bio-mining project was evaluated by
the District Level Technical Committee and M/s. MCK Kutty
Engineering Pvt. Ltd. was found technically qualified. The work
was subsequently awarded to the said agency and the site has
been handed over to the contractor for commencement of the bio-
mining work.

1. In the latest status report dated 12.03.2026 of the
   Additional Secretary, Local Self Government Department,
   Government of Kerala, it was stated that a joint inspection was
   conducted by the Technical Consultant of Suchitwa Mission, the
   Deputy District Coordinator of Kerala Solid Waste Management
   Project and the Assistant Engineer of the Panchayat.

2. As on 09.03.2026, about 7,063.821 cubic meters of
   waste (approximately 45%) had been bio mined and removed and
   the bio-mining project is expected to be completed within two
   months.

3. The implementing agency - M/s. MCK Kutty Engineering
   Projects Pvt. Ltd. has obtained the necessary Consent to Operate
   from the Kerala State Pollution Control Board. Machinery including
   one trommel unit with a capacity of 400 tonnes per day and seven
   conveyor belts, 2units of Air Density Separator, 1 Unit JCB, 1 unit
   of Diesel Generator has been installed at the site.

4. However, it was observed during inspection that
   adequate fire safety systems were not available at the site, and
   instructions were issued to install the same and remove Refuse
   Derived Fuel (RDF) was given to the Mangalpady Grama
   Panchayat and Assistant Engineer.

5. The Additional Secretary, Local Self Government
   Department also submitted that waste collection and processing
   in certain areas of the Panchayat had been entrusted to private
   agencies. Through a contract with Clean Kerala Company Limited,
   about 128 tonnes of legacy waste had been removed.
   Decentralised waste management measures such as bio-bins and
   ring composting systems at household level have been introduced
   and waste management schemes have been incorporated in the
   Annual Plan 2023-24.

Page 4 of 8 17. The Kerala State Pollution Control Board submitted
that, following a fire incident at the Kubanoor dump site on
14.02.2024, a show cause notice was issued to the Panchayat for
failure to comply with the Solid Waste Management Rules, 2016.
An inspection conducted on 14.03.2025 revealed that although
door-to-door waste collection was being carried out through
Haritha Karma Sena, non-biodegradable waste was being dumped
without adequate segregation behind the collapsed MCF facility,
which was not re-established after the fire incident. The site lacked
fire-fighting equipment, power supply and other necessary safety
infrastructure.

1. The Secretary of the Mangalpady Grama Panchayat
   and District Collector of Kasargod District has also submitted
   a report which is more or less reiterating the contentions raised
   by the other official respondent as stated supra.

2. Upon consideration of the submissions made by the
   respondents and the materials placed on record, this Tribunal
   observes that the dumping of municipal solid waste at the
   Kubanoor site for nearly eighteen years without any scientific
   processing or segregation clearly reflects serious lapses on the
   part of the Mangalpady Grama Panchayat to comply with its
   statutory obligations relating to Solid Waste Management Rules,

3. Such inaction constitutes a clear violation of the Rule, 2016
   under section 11 which mandated the duties of the Secretary-in-
   charge of Urban Development in the States and Union Territories,
   and Section 13, states the duties of the Secretary-in-charge of
   Village Panchayats or the Rural Development Department. The
   continued failure to ensure scientific handling, segregation, and
   disposal of waste demonstrates non-compliance with these
   statutory provisions.

4. As stated in the status report, the bio-mining was
   expected to be completed within two months. However, in light of
   environmental concerns, the process must be expedited and
   completed as swiftly as possible, leaving no scope for fire or
   further environmental degradation. Given the gravity of the issue,
   immediate and prompt recovery action is required.

Page 5 of 8 21. Though remedial measures such as bio-mining of legacy
waste and decentralized waste management practices have now
been initiated, the implementation of these measures appears to
have been considerably delayed. The Tribunal also notes that the
absence of adequate fire safety infrastructure at the bio-mining
site poses a significant safety risk and requires immediate
attention.

1. For the past violations, namely the inadequate
   segregation of non-biodegradable waste, the failure to commence
   bio-mining of legacy waste at the earliest, the failure to obtain the
   requisite authorization under the Solid Waste Management Rules,
   2016, as well as the Integrated Consent to Operate for bio-mining
   activities, despite repeated directions, the Kerala State Pollution
   Control Board issued a show cause notice followed by a final
   direction under Section 5 of the Environment (Protection) Act,
   1986 dated 30.06.2025. By the said order, environmental
   compensation to the tune of Rs.60,00,000/- was levied upon the
   concerned local body.

2. It is further observed that none of the Respondents have
   placed on record any concrete or scientifically backed plan for
   restoration, remediation, or future utilization of the site. The
   absence of any proposed course of action for ecological restoration
   and prevention of further environmental degradation renders the
   issue a continuing environmental concern. Hence, the
   environmental compensation amount assessed shall be utilized for
   restoration and remediation of the subject site, in a time-bound
   manner, under the supervision of the Kerala SPCB.

3. It is pertinent to note that, globally, abandoned quarries
   are being rehabilitated and reused into environmentally
   sustainable and economically beneficial spaces such as eco-parks,
   tourism zones, botanical gardens, including underground luxury
   hotels, as has been built in Shanghai, China. In stark contrast,
   the respondents here have converted the abandoned quarry in the
   State of Kerala - "God's Own Country" into a dumping yard for
   municipal solid waste. Such conduct is highly deplorable and
   warrants immediate remedial measures.

Page 6 of 8 25. In view of the above observations, this Tribunal issues
the following directions:

(i) Mangalpady Grama Panchayat shall ensure that
the bio-mining work at the Kubanoor dump site is
completed as expeditiously as possible.

(ii) Adequate fire safety infrastructure, including fire-
fighting equipment, water storage facilities and
emergency response systems, shall be installed
immediately at the bio-mining site.

(iii) The Panchayat shall ensure strict compliance with
the Solid Waste Management Rules, 2026, from
1st April, 2026, including segregation of waste at
source and scientific processing of municipal solid
waste.

(iv) Necessary monitoring, erection of warning boards
to prevent future dumping of waste and
surveillance measures, including CCTV
surveillance, shall be maintained to prevent
further illegal dumping of waste at the Kubanoor
site.

(v) The Kerala State Pollution Control Board shall
continue to monitor the bio-mining operations
and to utilize the environmental compensation of
Rs.60 Lakh imposed on the local body for
restoration of the land.

(vi) The Additional Secretary, Local Self Government
Department shall submit a compliance report
before the Tribunal within three months regarding
completion of bio-mining and restoration of the
site. (To be noted is that the Local Self
Government Department has sought for two
months' time to complete the balance 55% of
biomining as per the report dated 12.03.2026) Page 7 of 8

1. With the above directions, the Original Application
   [O.A. No.169 of 2023 (SZ)] stands disposed of. The
   respondents shall ensure strict compliance with the directions
   issued by this Tribunal within the stipulated time frame.

2. The compliance report as directed above shall be filed
   before this Tribunal through the Additional Secretary, Local Self
   Government Department, within a period of three months from
   the date of this order.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM

                                               Sd/-

Dr. Prashant Gargava, EM

                                                     Internet - Yes/No

                                        All India NGT Reporter - Yes/No

O.A. No.169/2023 (SZ)
24th March, 2026. Mn.

Page 8 of 8