Wayanad Landslides||”In Pursuit of Development, We Overlooked the Warning Signs; this Landslides Remind Us Nature Responding to Human Greed”: Kerala High Court

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A bench of justices A K Jayasankaran Nambiar and Syam Kumar V M emphasized that unless immediate corrective action is taken, it may soon be too late. These remarks were made while hearing a suo motu plea initiated by the court after the July 30 landslides that wiped out three villages in Wayanad, with 119 people still missing.

Kerala: The Kerala High Court has expressed concern over the landslides in Wayanad district that claimed over 200 lives, stating that they are a reaction to human “apathy and greed.” The court observed that “warning signs” had long been present but were ignored in the pursuit of economic development.

The natural disasters in 2018 and 2019, the prolonged pandemic, and the recent landslides, the court noted, have highlighted the “error of our ways.”

The court initiated the PIL to prompt the state government to reconsider its approach to sustainable development in Kerala. It plans to review the state’s policies on natural resource exploitation, environmental preservation, disaster management, and sustainable development.

A bench of justices A K Jayasankaran Nambiar and Syam Kumar V M emphasized that unless immediate corrective action is taken, it may soon be too late.

“If we do not change our ways and take decisive remedial action now, it might soon be too late,” observed a bench comprising justices A K Jayasankaran Nambiar and Syam Kumar V M, while hearing a suo motu plea initiated by the court after the July 30 landslides that obliterated three villages in Wayanad, leaving 119 people still missing.

The court, on its own accord, launched the PIL to “urge the state government to reflect on its current ideas of sustainable development in Kerala and reexamine its policies,” stated the bench in its August 23 order.

The bench announced that the court would assess the state’s current policies concerning the exploitation of natural resources, environmental preservation, protection of forests and wildlife, and the management and mitigation of natural disasters, all in alignment with sustainable development goals.

“The court felt it necessary to intervene to gather information and seek the assistance of institutions and agencies that can help in identifying ecologically sensitive areas within the state and aid in reformulating relevant policies,”

the bench explained.

The court further laid out a three-stage approach to achieving the objectives of the PIL. The first stage would focus on collecting scientific data to identify ecologically sensitive areas and then proceed to notify them district-wise.

“We will also monitor the rescue, rehabilitation, and reconstruction efforts in Wayanad on a weekly basis,” it added.

In the second stage, the court will gather data regarding the ideal composition of regulatory agencies and advisory boards to ensure their effectiveness in meeting their objectives.

“The data collected will be submitted to the state government for consideration, so that necessary amendments can be made to existing laws, rules, or regulations.”

In the third stage, the court proposes to collect input from residents in ecologically sensitive areas through the state’s Local Self Government department, allowing the government to revise its policies related to infrastructural development, tourism, natural resource exploitation, and environmental conservation.

The court’s intervention aims to gather information and seek assistance from agencies capable of identifying ecologically sensitive areas in the state, which could help reformulate policies.

Additionally, the court directed the Centre and Kerala government to file affidavits within three weeks, clarifying their plans for increasing subject experts under the Disaster Management Act (DMA) 2005 and providing details on the Disaster Management Plans at various levels.

The court also sought information on the funds allocated for these plans and the steps taken by the Central government to include safety measures in the Building Rules for landslide-prone areas. The court emphasized that all parties must adhere to the specified deadlines for submitting affidavits and documents.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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