The Kerala High Court initiated suo motu proceedings to consider and address the issues that led to the devastating landslides that hit Wayanad district last week. The Court had reserved its verdict in the matter on July 29, the day before the landslides struck the district. It decided to reconsider the matter again in view of the landslides and the destruction unleashed by the same.
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Kochi: The Kerala High Court has taken the initiative to address the critical issues that led to the devastating landslides in Wayanad district last week by initiating suo motu proceedings.
A Division Bench comprising Justices AK Jayasankaran Nambiar and Syam Kumar VM was informed that the Court’s registry has registered a suo motu writ petition to explore and implement preventive measures and strategies to manage future natural disasters in the state.
During the proceedings, the Bench urged the State government to formulate a comprehensive policy on developmental activities. They suggested that such a policy should be established before considering the issuance of licenses for any developmental projects on a case-by-case basis.
The Court emphasized that-
“The government should thereafter examine, on a case-to-case basis, whether there is a need to grant any license/permit for any developmental activity in a particular area concerned or to renew such license/permit.”
This evaluation, the Bench noted,
“Must take 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 Bench was reviewing a case related to quarrying and construction activities in Wayanad, a district recently struck by landslides. The Court had initially reserved its verdict on this matter on July 29, just a day before the landslides occurred.
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However, in light of the tragic events and the destruction they caused, the Court decided to reconsider the case.
“The deaths and destruction that it unleashed in our State has forced us to re-consider the tentative decisions that we had arrived at in these matters,”
-the Court stated, explaining its decision to revisit the issue.
The Court’s order underscored the delicate balance that must be struck between development and environmental stability. It urged the State government to develop more robust policies to regulate developmental activities, highlighting the State’s responsibility as a steward of natural resources.
The Court referenced the doctrine of public trust, noting that-
“the doctrine enjoins upon the Government to protect the resources for enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.”
To ensure a well-rounded perspective, the Court deemed it necessary to obtain reports from a diverse scientific community, including experts beyond those in government service.
Consequently, the pending matter was tagged with the suo motu petition registered by the Court.
Both cases have been scheduled for a hearing before the same bench on Friday, August 9.
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