Wayanad Landslides | One Of Deadliest Natural Disasters in State History: Kerala HC Initiates Suo Motu Case To Consider Steps To Prevent & Manage Future Natural Disasters In State
|The Kerala High Court initiated a Suo Motu case to consider steps to prevent and manage future natural disasters in Kerala on the directions of Acting Chief Justice A. Muhammad Mustaque and in response to requests submitted to the registry.
On July 30, 2024, there were multiple landslides in Wayanad District in Kerala.
The bench of Dr. Justice A.K. Jayasanakran Nambiar and Justice Syam Kumar V.M. while taking note of multiple landslides that occurred in Wayanad District said it was “one of the deadliest natural disasters in the history of the State”.
Advocate Mathew Kuriakose appeared for the Appellant and Advocate Philip J Vettickattu appeared for the Respondent.
The Court said that it is time for the State Government to re-consider its policies regarding the regulation of all such developmental activities in the State as may contribute to environmental degradation and loss of biodiversity. The Court observed, “The State Government has to remind itself of its role as a guardian of the natural resources within the State and introduce measures to check the indiscriminate developmental activities being permitted within the State.”
While emphasising the importance of the Doctrine of Public Trust the Court observed, “the State Government has to keep in mind the doctrine of Public Trust, which was developed as a legal theory by the ancient Roman Empire, and was founded on the idea that certain common properties such as rivers, seashore, forests and the air were held by the Government in trusteeship for the free and unimpeded use of the general public.”
The Court said that the natural resources were deemed to be of such great importance to the people as a whole that it was seen as wholly unjustified to make them the subject of private ownership. The Court said that natural resources are a ‘gift of nature’ and therefore, according to the Court “they should be made freely available to everyone irrespective of the status in life”.
The Court observed, “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 said that the decision in Writ Appeal has to be reconsidered after obtaining reports from the scientific community.
The Court posted the matter for hearing on August 9, 2024.