Kerala High Court Mandates Strict Conditions for Release of Vehicles Seized for Illegal Waste Dumping
The Kerala High Court has ruled that stringent conditions must be imposed when releasing vehicles seized for illegal dumping of waste, particularly septic waste, on public properties. This decision follows persistent issues with waste management despite existing laws and court directives.
Justice Bechu Kurian Thomas emphasized the need for strict measures to deter repeat offenses. He highlighted that the problem of illegal dumping, which poses significant health hazards, has worsened despite previous court orders.
In the recent ruling, the High Court recalled a previous order prohibiting the release of vehicles involved in dumping waste without court permission. This order was part of ongoing monitoring efforts after a fire at the Brahmapuram waste plant in Kochi exposed severe issues in waste disposal.
The Court noted that lenient conditions for the release of such vehicles could encourage further illegal dumping. As a result, the Court has mandated that vehicles be released only with strict conditions, including a substantial bank guarantee.
In a specific case, a vehicle seized for dumping septic waste into a water body was granted interim release, provided the petitioner met several conditions: executing a bond of ₹1 lakh and furnishing a bank guarantee of ₹2 lakhs. The Court stressed that this approach is crucial to prevent the repetition of similar offenses and to ensure that the vehicle’s use does not contribute to further environmental harm.
The Court also stated that the police have the authority to repossess the vehicle if further violations occur. The petitioner was represented by advocate Babu S. Nair, while Public Prosecutor Noushad K.A. represented the State.
(With inputs from agency)
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