Kerala High Court Asks State To Conduct Hazard Sweeps At Other Tunnel, Infrastructure Project Sites After Wayanad Landslide

The Kerala High Court on Friday (July 24) orally directed the State to ensure that the Disaster Management Authority conducts hazard sweeps in other sites where work is going on, after the recent landslide in Wayanad that occurred on July 7.

The landslide occurred at the site of the Kalladi tunnel (also known as Anakkampoyil Meppadi tunnel project), which is intended to connect Wayanad and Kozhikode districts.

The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. today orally remarked:

"While you are at this, hazard sweeps of comparable sites. There are other sites. Wayanad is not the only area. Just have the Disaster Management Authority, let them have a look at other places also where the similar work is going on."

The development comes in High Court's ongoing suo motu proceedings on disaster management that was initiated in the wake of 2024 Wayanad landslides.

When the matter came up, the Advocate General K. Jaju Babu sought time on behalf of the State to file an affidavit in response to the report filed by the amicus curiae. As per the report submitted by Senior Advocate Ranjith Thampan, who is the amicus in the case, the disaster was "foreseen".

Considering the AG's submission, 10 days' time was granted. The Court then orally added:

"Couple of things which need to be addressed. One is the decision taken by the State Disaster Management Authority saying that once the environmental clearance is granted, they have absolutely nothing to do. That is absolutely wrong. In fact, so long as we have the precautionary principles still guiding us in environmental matters, the Disaster Management Authority cannot take a stand that once the EC is granted...that is one. Second, that is, some doubt with regard to what is the role played by...that's something you'll have to look into, as to who the responsibility should be cast."

The case is posted for further consideration on Monday (July 27).

Previously, the Court had also directed the State government to ensure immediate disbursal of ex-gratia compensation to the victims and to incur the hospitalisation and treatment expenses for the injured.

Case Title: In Re: Prevention and Management of Natural Disasters In Kerala v. State of Kerala and connected cases

Case Number: WP(C) 28509/ 2024 and connected cases