Kerala High Court Stops Construction In Hilly Terrain With Steep Slopes
Manju Elsa Isac
9 Aug 2024 5:50 AM GMT
Kerala High Court has ordered interim stay on any construction in hilly terrain with steep slopes.
The Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu said there is no clarity in the rule allowing such construction. The order was passed keeping in mind the ecological imbalances created by such construction.
“We cannot for the time being, allow construction in hilly terrain with steep slopes considering the ecological imbalances created consequent upon removal of ordinary earth from hilly terrain with steep slopes.”
Proviso Rule 14 (2)(d) of Kerala Minor Mineral Concession Rules requires only a slope stability report from a reputable agency providing geotechnical investigation services in additional to the building permit. The proviso reads as follows:
Provided that, if the proposed building construction site is located in a hilly terrain with steep slopes where the excavation of ordinary earth may result in slope failures, the building permit granting authority may insist the applicant to submit a slope stability study report prepared by any reputable agency providing geotechnical investigation services and the decision to grant permit may be taken based on the recommendation provided in the report.
The Court said that there has been no scientific study regarding the carrying capacity of such hilly terrain. It observed that the western ghats is a sensitive area and it would not permit excavation in these areas until a scientific study is done on the carrying capacity of the hilly terrain.
The plea was moved by Advocate H. Kiran
Case Title: S. Unnikrishnan v State of Kerala and Others
Case No: WP(C) 27562 of 2024
Click Here To Read/ Download Order
