Kerala High Court Makes Govt Circular To Mitigate Disaster Risks At Planning Stage Mandatory For Developmental Projects

The Kerala High Court has held that all departments undertaking infrastructural or developmental projects should implement the circular dated December 18, 2023 issued by the Kerala State Disaster Management Department (KSDMA) for standardization of the process of integrating measures for prevention of disaster and mitigation. The Circular has attached an annexure as a 'checklist for detailed natural disaster impact assessment' which is like a 'checklist for detailed disaster impact assessment' to be filled by the departments and local self governments at the planning stage itself for risk awareness before undertaking infrastructural projects.While disposing of the petition on the assurance of the government that the circular will reduce complaints qua future developmental projects undertaken by the Government, Justice Devan Ramachandran observed,“I record the submissions of the learned Senior Government Pleader – Sri.K.V.Manoj Kumar, that the Government have issued the afore extracted circular dated 18.12.2023 and that its contents and directives therein will be implemented unreservedly with respect to every developmental project or action, which is to be initiated or pursued by them and its Agencies and Departments in future”, stated the CourtThe Court passed the above order in a plea seeking rectification of the issue of water-logging of a private property, due to the construction of a culvert in an unscientific manner near the said property by the authorities. The Court noted that the Circular issued by the Government would promote 'inter-departmental cohesion, discussions and planning' while undertaking any infrastructural projects in the future. This means that whenever a new project is undertaken, that would automatically lead to imperative inter-departmental collaboration to prevent any disaster or mishaps through collaboration and planning involving all the stakeholders. The government gave the Court assurance that the circular would be implemented and there would be lesser amount of complaints on future developmental projects undertaken by the Government. In the facts of the case, the Court stated that the District Collector had issued order that necessary measures would be adopted to prevent water logging and to ensure drainage of water from the petitioner's property. It stated that only administrative and technical sanctions were awaited and that the work has to be completed without delay but not later than six months from the date of receipt of a copy of the judgment. The Court stated that in the realm of disaster management, “prevention is better than cure'. It stated that it was crucial to prioritize implementing effective management strategies to mitigate disasters and emergencies. It said that proactive measures have to be adopted to reduce disaster risks by considering risks at the planning stage itself rather than only focusing on response and recovery after a disaster. Accordingly, the writ petition was disposed of with a direction that the circular has to be implemented for all future developmental projects. “However, the Government has to ensure that the afore Circular is implemented without reservation, in and for all future developmental action”, said the Court. Counsel for Petitioner: Advocate Jestin MathewCounsel for Respondents: Senior Government Pleader K V Manojkumar, Standing Counsel V K SunilCitation: 2024 LiveLaw (Ker) 247Case Title: Syama M. v. State of Kerala & Ors.Case Number: WP(C) NO. 41159 OF 2022 Click here to read the Circular Click here to read the Judgment

Kerala High Court Makes Govt Circular To Mitigate Disaster Risks At Planning Stage Mandatory For Developmental Projects

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