Kerala High Court Asks Panchayats To Remove Wild Vegetation From Vacant Residential Plots Where Owner Is Unknown To Prevent Snake Bites

The Kerala High Court has asked gram panchayats in the State that in case they receive genuine complaints, they must swiftly act on it and remove wild vegetation from vacant private property/residential plots where owner is unidentifiable, as such spots can become a breeding ground for snakes posing a threat to life of residents. In doing so the court held that a Gram Panchayat cannot refuse to remove dangerous nuisances from private property merely because the owner of the land has not been identified. It said that public safety obligations under the Kerala Panchayat Raj Act, 1994 empower Panchayats to take immediate remedial action and recover the expenses later from the owner once identified.Justice P.V. Kunhikrishnan was delivering the judgment in a case arising from complaints regarding an abandoned plot overgrown with vegetation and wild grass adjacent to the petitioner's residence in Alappuzha district."Therefore, it is declared that, if any such genuine complaints are received, the Jurisdictional Gram Panchayat should act swiftly, and if the owner of the property is not known, the panchayat should remove such nuisance forthwith and thereafter recover the cost of doing so from the original owner if he is ultimately found. These directions are binding on all local self-government institutions in the state of Kerala," the court directed. At the outset the court in its order noted that newspapers were filled with not only stories of hope but "heartbreaking reports of school-going children and even elders dying from snake bites almost every day"."One of the major manmade causes is vacant, unattended residential plots in residential areas choked with wild vegetation and tall grass, which are silently turning into ideal breeding grounds for snakes. When such negligence begins to cost human lives, the issue is no longer a mere nuisance but a public safety emergency. In such a situation, who must act and how soon? In such situations, I am of the considered opinion that the jurisdictional Grama Panchayat has a major role to abate such nuisances. If a vacant plot, which is completely overgrown with vegetation and wild grass, transforms it into a breeding ground for venomous snakes and the same becomes a threat to the life of the residents of nearby houses, whether the Panchayat can wash its hands without doing anything, aying that the property owner is not identified, is the point to be decided in this case".The petitioner alleged that an adjoining vacant property to his residence had become heavily overgrown and had turned into a habitat for venomous snakes, posing a serious threat to his family and neighbouring residents. Although the Panchayat acknowledged the existence of the nuisance, it refrained from taking action, stating that it was unable to identify the owner of the land and had sought ownership details from the Village Officer.The petitioner approached the High Court seeking directions to identify the owner and remove the nuisance contending that the delay in action by the Panchayat endangered lives. The Court then went on to examine the Sections 238 and 239 of the Kerala Panchayat Raj Act, 1994. Section 238 empowers a Panchayat to take immediate preventive measures in situations involving danger from trees and similar hazards, even before issuing notice to the owner, and to recover the costs subsequently.Section 239(3)(a)(iii) and (iv) specifically authorise Panchayats to address nuisances arising from wild or noxious vegetation and the presence of poisonous reptiles or harmful animals. Section 239(3)(b) further empowers Panchayats to take necessary action to abate such nuisances.The Court held that these provisions must be read together and interpreted in a manner that prioritises public safety. The Court rejected the Panchayat's stand that action could be taken only after identifying the owner and issuing notice.“Here, the panchayat is unaware of the property owner and is therefore delaying the matter, saying that a notice to the owner is necessary before removing the nuisance. Because of this inaction, the life of the petitioner is in danger. In such a situation, common sense should prevail over the intricacies of the law. Local self government institutions cannot sit as silent spectators. In this case, the reading of the writ petition would show that there is danger to the life of the petitioner and his parents. Therefore, I am of the considered opinion that the Panchayat should remove the nuisance stated by the petitioner in his adjacent property forthwith, without searching for the owner of the property, and the cost of doing so can be recovered from the original owner if he is ultimately found.” the Court held. Observing that delays in such situations could have fatal consequences, the Court stated that local self-government institutions cannot remain passive spectators when residents face threats to life from hazardous conditions on private property.The Court thus declared that...

Kerala High Court Asks Panchayats To Remove Wild Vegetation From Vacant Residential Plots Where Owner Is Unknown To Prevent Snake Bites

Anamika MJ

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Anamika MJ

Kerala High Court Asks Panchayats To Remove Wild Vegetation From Vacant Residential Plots Where Owner Is Unknown To Prevent Snake Bites

Anamika MJ

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Anamika MJ

This is a premium content
Available exclusively to
Our subscribers