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Kerala HC takes suo moto cognizance on Wayanad landslides

The Kerala High Court has taken suo motu cognizance of the recent landslides in Wayanad district and initiated proceedings to address the issues that led to the disaster.

Kerala HC takes suo moto cognizance on Wayanad landslides anr
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First Published Aug 9, 2024, 2:49 PM IST | Last Updated Aug 9, 2024, 2:49 PM IST

Kochi: The Kerala High Court has initiated suo motu proceedings to investigate and mitigate the causes of the recent catastrophic landslides in Wayanad district. A division bench comprising Justices AK Jayasankaran Nambiar and Syam Kumar VM has been informed that the court's registry has initiated a suo motu writ petition to explore strategies for preventing and managing future natural disasters in the state. The Bench advised the State government to formulate a comprehensive policy framework for development activities, and only thereafter consider issuing licenses for such projects on a case-by-case basis.

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"It should thereafter examine, on a case-to-case basis, whether there is a need to grant any licence/permit for any developmental activity in a particular area concerned or to renew such licence/permit, taking into account the inherent nature of the land, the availability of natural resources, the report of the Bio-Diversity Boards, and the impact that any such activity would have on the ecological balance of the region and other environmental factors", the Bench observed in its order.

The Bench had been considering a case involving quarrying and construction in Wayanad, reserving its decision on July 29, mere hours before the landslides ravaged the district. In response to the disaster, the Court chose to re-examine the matter.

The Court's order highlighted the need for a delicate balance between development and environmental sustainability, prompting the State government to develop more effective policies to govern developmental activities. The Court stressed that the State government must assume the role of a responsible custodian of the state's natural resources, upholding the principles of the public trust doctrine.
 

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