Rectify Or Face Action: Kerala High Court Warns PWD, Panchayat After 51-Yr-Old Complains Of Water Logging Due To Culvert Constructed By Them

The Kerala High Court has warned of action against the Public Works Department (PWD), and the Panchayat, in case of any defect in rectifying 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. 

Justice Devan Ramachandran took note of the Senior Government Pleader's submission that rectificatory steps had been taken to ensure no water-logging in the petitioner's house, which was being done in conjunction with the Panchayat, since the culvert constructed as well as drain blocked by the authority would have to be reconstructed or repaired. 

The Court thereby directed the Chief Executive Officer of the State Disaster Management Authority (KSDMA), to file a report ascertaining the factum of water-logging in the petitioner's property. 

It is the case of the petitioner that Punalur Muvattupuzha Road, near which her property was situated, was widened by the Kerala State Transport Project (KSTP). The petitioner submitted that the KSTP had also constructed a new culvert in an unscientific manner near her property, due to which heavy water flows through her proprety during rainy season, thereby creating a disastrous situation. 

The petitioner averred that she had accordingly submitted a a complaint in terms of Section 30(2)(iii) of the Disaster Management Act,2005 (hereinafter, 'Act, 2005'), stating her sufferings, before the District Disaster Management Authority (DDMA). However, no steps were taken to redress her grievance. 

Subsequently, the petitioner had approached the High Court earlier. The Court, as per its decision dated June 27, 2022, had directed the DDMA to consider her complaint and take a reasoned decision thereon. It had further granted liberty to the said authority to decide whether the issue highlighted by the petitioner would fall within the ambit of the Act, 2005. 

The DDMA had accordingly, after considering the petitioner's complaint, directed the Executive Engineer of KSTP to take urgent steps in terms of Section 30 (2) (v) of the Act, 2005, for avoiding disaster. It had also stated that the culvert had been constructed in an unscientific manner, and added that the same ought to be rectified. 

The petitioner was thus aggrieved that despite the Cief Engineer of the PWD, and the Executive Engineer of the KSTP being duty bound to rectify the issue, no such steps had been taken. 

"The life of the petitioner and her family has become miserable and the petitioner finds it difficult to live in the petitioner’s house. By the noncompliance of Exhibit P3 (directions by the DDMA), Article 21, the fundamental right guaranteed under the constitution of India to the petitioner has been violated," the plea states. 

It is such circumstances that the present plea has been moved seeking the issuance of directions to the respondent authorities to ensure compliance with the directions of the DDMA. 

The matter as been posted for further consideration on November 6, 2023. 

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)

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