Kerala High Court Takes Bold Step: Initiates Suo Motu Case Over Wayanad Landslides, Demands Overhaul of Development Policies

The Kerala High Court has initiated suo motu proceedings to address the issues surrounding the devastating landslides that struck Wayanad district last week.

P24 News Media

August 09, 2024

1 minute

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India

Kerala High Court Launches Suo Motu Proceedings

The Kerala High Court has initiated suo motu proceedings to address the issues surrounding the devastating landslides that struck Wayanad district last week. A Division Bench, comprising Justices AK Jayasankaran Nambiar and Syam Kumar VM, has taken a proactive approach by registering a suo motu writ petition to explore preventive and management measures for natural disasters in the State.

Court Urges State Government to Develop Comprehensive Policy

The Court has suggested that the State government formulate a comprehensive policy on developmental activities before issuing licenses on a case-by-case basis. The Bench emphasized the importance of assessing each situation individually, considering the land's inherent nature, natural resources, biodiversity reports, and the potential ecological impact of proposed activities.

Reconsideration of Quarrying and Construction Activities

The Bench was initially reviewing a case related to quarrying and construction activities in Wayanad. However, with the landslides occurring on July 29, the Court decided to revisit the matter. The destruction caused by the landslides prompted a reassessment of previous decisions regarding development activities in the region.

Call for Improved Policies Balancing Development and Environmental Stability

In its order, the Court highlighted the need for a balanced approach between development and environmental stability. It urged the State government to create robust policies that regulate developmental activities while safeguarding natural resources. The Court reiterated its role as the guardian of public trust in managing the State’s resources for the benefit of the general public.

Emphasis on Doctrine of Public Trust

The Court underscored the doctrine of public trust, which mandates the government to protect natural resources for public enjoyment rather than allowing their exploitation for private or commercial use. This principle guides the Court’s approach to balancing developmental needs with environmental conservation.

Integration of Scientific Community Insights

To ensure a well-rounded perspective, the Court decided to combine the pending matter with the suo motu petition. By incorporating diverse reports from the scientific community, the Court aims to obtain a comprehensive understanding of the situation. Both cases will be heard by the same bench on Friday, August 9.