[Disaster Management] Kerala High Court Calls Upon Infra Developers To Begin Risk Management From Planning Stage

The Kerala High Court on Wednesday directed the Chief Secretary of the State to issue necessary instructions and circulars to all entities involved in infrastructure development to comply with the recommendations made by State's Disaster Management Authority (KSDMA).

One of the recommendations calls upon all Engineering Departments and local Governments in the State to consider risks from planning stage itself. It encourages them to fill the annexure to the State Disaster Management Plan at the designing stage of engineering projects, and to incorporate the checklist as part of their detailed project report, in a bid to ensure that risk awareness is clear to executing entities and beneficiaries at the designing stage itself.

Justice Devan Ramachandran was of the considered opinion that the afore recommendation ought to be considered and adhered to in all cases of infrastructure development. 

"I order so since am without doubt that the views of the State Disaster Management Committee are imminently deserving of being acceded to and adhered with," the Court said. 

The Court in this case was seized with 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.

Punalur Muvattupuzha Road, near which the petitioner's property was situated, had been widened by the Kerala State Transport Project (KSTP). The petitioner submitted that the KSTP had also constructed a new culvert in an unscientific manner near her property, due to which heavy water flows through her property during rainy season, thereby creating a disastrous situation.

Aggrieved by the lack of any steps being taken by Chief Engineer of the PWD, and the Executive Engineer of the KSTP, despite being duty-bound to resolve the issue, the petitioner approached the High Court seeking the issuance of directions to the respondent authorities to ensure compliance with the directions of the DDMA.

In pursuance of the earlier directions of the Court, the KSDMA had submitted a report listing various recommendations for rectifying the issue of water-logging near the petitioner's residence. 

It is on finding that the aforementioned recommendation is of general nature that ought to be considered in all cases of infrastructure development that the Court directed the Chief Secretary to issue necessary orders so that all future such issues could be allayed. 

It further directed the District Collector to file an Action Taken Report on the implementation of the recommendations within a month. 

The matter has been posted for further consideration after a month. 

The plea has been moved through Advocate Jestin Mathew.

Special Government Pleader P.K. Babu, Government Pleader Manoj Kumar, and Standing Counsel for Konni Gram Panchayat V.K. Sunil appeared on behalf of the respondents.

Case Title: Syama M. v. State of Kerala & Ors.

Case Number: WP(C) NO. 41159 OF 2022 (T)

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