Wayanad Landslides: Kerala High Court initiates suo motu case

The Kerala High Court has initiated suo motu proceedings to consider and address the issues that led to the devastating landslides that hit Wayanad district last week.

A Division Bench of Justices AK Jayasankaran Nambiar and Syam Kumar VM was informed that a suo motu writ petition has been registered by the Court's registry to consider steps that can be put in place to prevent and manage natural disasters that may arise in the State in the future.

The Bench also suggested that the State government to come up with a comprehensive policy on developmental activities and only then consider issuing licenses for such activities on a case-to-case basis.

"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 Bench observed in its order.

The Bench was considering a case concerning quarrying and construction activities in Wayanad.

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.

"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 said to explain its decision to list the matter again today.

In its order touching on the balancing act that now needs to be played between development and environmental stability, the Court urged the State government to formulate better policies to regulate developmental activities.

The Court emphasised that the State government has to act as a guardian of natural resources in the State, keeping in mind the doctrine of public trust.

"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," the Court explained.

In order to obtain diverse reports from the scientific community that encompasses not just persons in government service, the Court deemed it fit to tag the pending matter with the suo motu petition registered separately.

Both cases will be heard by the same bench on Friday, August 9.

[Read Order]