Kerala High Court Launches Suo Moto PIL To Monitor Flood Relief Activities, Directs State To Take Prompt Action To Prevent Disasters

The Kerala High Court has initiated a Public Interest Litigation (PIL) directing the State Government to take proper and prompt action during monsoons considering that persistent rainfall has caused severe loss to the lives and properties of people in the State.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly launched the PIL to monitor the governmental action in providing appropriate mechanisms to manage emergency situations arising during the monsoon season and otherwise under the Disaster Management Act.

"Torrential rains in the state of Kerala cause disaster in many places due to landslides, denudation of water. There are damages to the property of people residing in Pembroke lands, colonies, hill slopes, isolated locations, plantation areas, and others. The State of Kerala has to take proper and prompt action for prevention of disasters. There are instances of flooding in some areas as well."

As such, the Bench found it necessary to register a suo motu petition as per Article 21 of the Constitution to observe the efforts made by the State in this regard and thereby directed the Registry to do so. 

"Taking note of the mandate under Article 21 of the Constitution of India, duties enjoined on the State/court, to effectively monitor and direct the Governments to take proper steps for providing appropriate mechanisms for managing the emergency situations during the monsoon season and otherwise under the provisions of the Disaster Management Act, 2005. We are of the view that a suo motu writ petition should be registered to hear the Government and any other interested parties/aggrieved and issue appropriate directions." 

The Court was considering a petition seeking orders to the Government to set up a high-level technical committee to ensure dam safety with 3 or 4 eminent engineers with at least the Chairman and one more member from outside the State

Advocate Subash Chand appearing for the State Dam Safety Authority constituted by the State and extended till the promulgation of the Dam Safety Act, submitted that there is no Dam Safety Authority in the State as of now.  He added that regarding the constitution of the authority at the national level, the matter was pending before the Supreme Court.

Senior Government Pleader P. Narayanan submitted that a committee was constituted in June 2021 and meets once in 10 days between June to December, and more frequently if orange or red alerts are issued in districts with dams. It was added that there was an efficient mechanism in place for the management of the reservoir outflow in the State during extreme rainfalls and otherwise.

However, the Court opined that the matter requires monitoring and decided to initiate a suo motu case.

Case Title: Foundation for Restoration of National Values v. State of Kerala

Click Here To Read/Download The Order