[Disaster Management] With High Court's Intervention, Kerala Govt Issues Circular For 'Risk Awareness' Of Development Projects At Planning Stage

Based on the order of Justice Devan Ramachandran, the KSDMA had recommended that all entities and beneficiaries fill a 'checklist for detailed disaster impact assessment', at the planning stage itself for risk awareness since it would aid them in 'informed decision making'.

“It is submitted that in compliance with the interim order dated 08.11.2023, the 1^st respondent, Chief Secretary to Government, had issued a circular directing all the departments and local self-governments to comply with Annexure 11 issued as per Section 22 (2) (h) of the Disaster Management Act, 2005,” stated the memo filed by the Government Pleader.

The circular was issued by the State for standardization of the process of integrating the measures for the prevention of disaster and mitigation. The State is fostering a risk-informed development for the reduction of the impacts of disasters.

The Circular has attached an annexure as a 'checklist for detailed natural disaster impact assessment' . It thus mandates that all departments and local self-governments fill out the checklist as a self-certification for having risk awareness at the planning stage itself while undertaking any infrastructural development projects. This would make sure that all entities are aware of the risks involved in undertaking any infrastructural development projects. This would aid in informed decision making and in reducing the disaster impacts, if any, in future.

The above developments took place in a plea seeking rectification of the issue of water-logging of a private property, due to the construction of a culvert in an unscientific manner near the said property by the authorities. Based on the direction of the Court, the KSDMA recommendations for rectification of the issue of water-logging.

The Court found that the recommendations issued by the KSDMA are of a general nature that ought to be considered in all cases of infrastructure development that the Court directed the Chief Secretary to issue circulars/orders for the creation of risk awareness amongst entities at the planning stage itself.

The plea has been moved through Advocate Jestin Mathew.

Special Government Pleader P.K. Babu, Government Pleader Manoj Kumar, and Standing Counsel for Konni Gram Panchayat V.K. Sunil appeared on behalf of the respondents.

Case Title: Syama M. v. State of Kerala & Ors.

Case Number: WP(C) NO. 41159 OF 2022 (T)

Click here to read/download the Circular