Wayanad Landslides: Kerala High Court Says Grant Of Compensation A Policy Decision, Survivors Can't Contest Its Adequacy

The Kerala High Court today (January 16) expressed disinclination towards a resident's plea to enhance the compensation announced by the State government to rehabilitate the survivors of the deadly landslides that hit the hilly areas of Wayanad last year.The State has announced a housing township or compensation capped at Rs. 15 lakh. Moreover, after resettlement, the survivors will continue to retain ownership of the land they own in affected areas.Baiju Mathews, a local, sought an increase in the compensation amount. However, the Division Bench comprising Justice A. K. Jayasankaran Nambiar and Justice Easwaran S. orally observed that the quantum of compensation is a 'policy decision' of the government, rooted in humanitarian grounds, and the affected population cannot claim it as a 'right' or contest its adequacy."Unlike in the case of land acquisition, they do not have a right. It's a rehabilitation scheme...This is a case which is a natural disaster...The obligation (of State) is not stemming from any blame that the State has to shoulder...As a welfare state, the State has got certain funds which it will use for the benefits of the citizen...There is really no ground on which you can challenge the amount given for opting...That's not something you can ask for as right...The only thing is it's a humanitarian gesture by a welfare state," it said.As Mathews submitted that the State failed to consider the "individual aspirations" of people, the bench proceeded to observe,"The question is on what basis you ask for the 15 lakhs itself. They are not obliged to give you the 15 Lakhs itself. They can just simply say, here is the township and you take the house here. They are already carved out an exception and said respecting your individual sentiments, they have said that if you have some doubts regarding the quality of the buildings of the township... then we will give you this. But this is the best we can do... You cannot be asking them for more...It is not that as if we are turning a Nelson's eye to what is happening in Wayanad. We even gone to the extent of mediating with the Central Government for getting funds. We are doing everything we can from our side."The Counsel for the State informed the Court that the affected persons are given an option to either accept 5 cents/ 10cents of the land, in addition to their landslide affected land which will be given to them after it is retrieved. The State further said that if somebody wants to opt out of the township, the maximum compensation that can be given to them is capped at Rs. 15 Lakhs. State said that they cannot increase this as even to a landless person, the maximum compensation given for acquiring lands and constructing house is Rs. 10 Lakh. The State added that considering Wayanad as a special case, it had increased the compensation to Rs. 15 Lakhs.Justice Nambiar at this point agreed that the State has to operate within the earmarked funds for landslide victims. He remarked,"There is an earmarked fund for landslide victims. So, the Government has to operate within that. Demanding more and more compensation may not be .... First of all they have to understand that there is no right. Unlike in the case of land acquisition, they do not have a right. It's a rehabilitation scheme."Petitioner in a connected case, Sabu Stephen appeared before the Court online and raised his concerns over granting construction work in Wayanad to Uralungal Labour Contract Co-operative society, allegedly without any tendering process. The Court however responded that in the aftermath of a disaster, the State is not expected to follow the standard procedure.The Case will be next heard on 31st January. Before parting, the State informed the Court that in line with the procedure followed in Cyclone Okhi disaster, all missing persons are now declared as dead.Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of KeralaCase Number: WP(C) 28509/ 2024 & Connected Cases

Wayanad Landslides: Kerala High Court Says Grant Of Compensation A Policy Decision, Survivors Can't Contest Its Adequacy

Manju Elsa Isac

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