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Synopsis

The Kerala High Court has appointed Senior Advocate Ranjith Thampan as Amicus Curiae to assist in a suo motu case aimed at preventing and managing natural disasters in the state. The High Court launched the suo motu proceedings to address the issues leading to the recent devastating landslides in Wayanad district.

A Division Bench comprising Justice AK Jayasankaran Nambiar and Justice Syam Kumar VM took note of the situation and registered a suo motu writ petition to explore preventive and management measures for natural disasters in the state. The court stressed the importance of a "holistic approach" considering economic, social, and environmental factors while hearing the matter today.

The court inquired about environmental auditing in the state and sought suggestions on reworking existing policies or creating a new policy in light of changed circumstances. The Union of India, represented by the Ministry of Science and Technology, and various state authorities have been impleaded as party respondents.

The court will hear the case every Friday and has directed respondents to frame broad and general issues to assess and study in the matter.

During the earlier proceedings, the Bench recommended that the State government develop a comprehensive policy on developmental activities. They emphasised that licenses for such activities should be issued on a case-by-case basis, considering factors such as land characteristics, resource availability, biodiversity reports, and the potential ecological impact.

The Bench had been reviewing a case related to quarrying and construction activities in Wayanad and had reserved its verdict on July 29, just before the landslides occurred. In light of the recent devastation, the Court decided to revisit the matter, acknowledging the impact of the landslides on its preliminary decisions. To ensure a broad range of scientific perspectives, the Court has decided to consolidate the suo motu petition with the pending case.

"Multiple landslides occurred in Wayanad District leading to one of the deadliest natural disasters in the history of the State. 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, highlighting the need for improved policies to balance development with environmental stability.

The Court had stressed that the State government must act as a steward of natural resources, adhering to the doctrine of public trust, which prioritizes public enjoyment over private ownership or commercial exploitation. “It is now time for the State Government to re- consider its policies with regard to regulation of all such developmental activities in our State as may contribute to environmental degradation and loss of bio-diversity,” the court said.

 

Cause Title: Suo Moto v State of Kerala [WP(C) 28509/2024 & Connected Cases]