Wayanad Landslides: Kerala High Court Initiates Suo Moto Case To Prevent And Manage Natural Disasters
Tellmy Jolly
8 Aug 2024 5:19 PM GMT
The Kerala High Court on the direction of Acting Chief Justice A. Muhammad Mustaque and in response to requests submitted to the Registry, has registered a suo moto case to prevent and manage natural disasters in Kerala.
The Court has listed the suo moto proceedings along with the writ appeals and connected cases concerning quarrying and construction activities in Wayanad District.
On July 30, 2024, intense rainfall in Wayanad caused landslides in the district's hilly regions, particularly affecting the villages of Mundakkai and Choormala. Reports indicate that over 400 people have died and more than 100 are still missing.
The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. called the Wayanad landslide one of the deadliest natural disasters in the history of the State.
The Court stated that the State Government must re-evaluate its policies concerning the regulation of developmental activities that may contribute to environmental degradation and biodiversity loss.
“We feel the State Government should first evolve a comprehensive policy on the developmental activities that could be permitted in the different areas of our State. It should thereafter examine, on a case to case basis, whether there is a need to grant any licence/permit for any developmental activity in a particular area concerned or to renew such licence/permit, taking into account the inherent nature of the land, the availability of natural resources, the report of the Bio-Diversity Boards, and the impact that any such activity would have on the ecological balance of the region and other environmental factors.”
The Court added that the State Government must reaffirm its role as guardian of the state's natural resources and come up with measures to curb the unchecked developmental activities in the State.
It referred to the public trust doctrine and stated that the Government has a duty to address issues pertaining to environmental degradation and depletion of natural resources while allowing for continued developmental activities.
The Court thus stated that the decision in the writ appeal has to be reconsidered after obtaining scientific reports from experts regarding the permissibility of carrying out developmental activities in different areas.
It thus posted the present writ appeal along with the suo moto writ petition for hearing, tomorrow.
Case Title: The Secretary v O D Thomas
Case Number: WA NO. 664 OF 2024
