Constitute Committee To Make Recommendations On Compensation/ Restoration Of Agricultural Land To Kavalappara Landslide Victims: Kerala HC To Govt

The residents of Kavalappara village approached the High Court seeking restoration of their land to its original position for resuming agricultural operations or seeking compensation for agriculture losses due to the landslide in 2019.

Justice Devan Ramachandran stated that residents of the village would be heard by the High Level Committee and they would make a recommendation to the government regarding the restoration of lands or disbursement of adequate compensation.

“On the Committee being so constituted, each of the petitioners shall be heard, along with others who are similarly situated, if they are so interested; and a final and comprehensive plan to offer support to them – either by restoration of agricultural land, or by way of appropriate compensation – shall be recommended by them to the Government, within a period of two months thereafter”, stated the Court.

Further, it stated that the government on receiving recommendations from the High Level Committee would take a final decision on the issue without avoidable delay.

The petitioners are the residents of Kavalappara village in Wayanad district where a landslide on August 08, 2019, took their lands which was their only source of livelihood. The landslide also claimed fifty-nine lives.

The petitioners contended that their lands be restored or that they be compensated adequately so that they can resume their lives as guaranteed by the Constitution under Article 21 of the Constitution.

The Government Pleader submitted before the Court that the petitioners have sought compensation which has to be considered by the Government. It was stated that the matter may be left for the Government to decide since it involves various rival interests, including geological effects for the restoration of lands.

The Court noted that restoration of lands was a policy matter which would require expert opinion since there were also chances of a further catastrophe on account of fresh landslides, if attempts are made to restore the lands. It also noted that irresponsible attempts at the restoration of lands could have other serious consequences since not all the dead bodies have yet been exhumed.

The Court found that some small benefits were given to deceased families. It stated no amounts have been offered to the petitioners for the loss of their land. It thus stated that the government has to act comprehensively and quickly to give relief to the petitioners within the shortest period.

“The inviolable requirement for the Government and its machinery concerned to have responded swiftly to the cri de coeur of citizens like the petitioners cannot be lost thought of any at time; and it is, therefore, imperative that every measure as is required and necessary is taken and completed to allay such within the shortest period of time”, observed the Court.

It thus directed the Government to constitute a High Level Committee which would consider the grievances of the petitioners and offer them relief by way of restoration of lands or compensation, dispassionately and empathetically since they have suffered long enough without any support.

Accordingly, it disposed of the writ petition.

Citation: 2024 LiveLaw (Ker) 124

Case title: Kuttiyali v State of Kerala & Connected Matters

Case number: WP(C) Nos.15943/2021, 15947/2021, 15952/2021, 15964/2021, 15978/2021, 15995/2021

Click Here To Read/Download The Judgment