Case Number: WP(C) NO. 41159 OF 2022 (T)
Case Title: Syama M. v. State of Kerala & Ors.
Order dated: 8th day of November, 2023
CORAM: THE HONOURABLE MR.JUSTICE DEVAN RAMACHANDRAN
Introduction
On Wednesday the High Court of Kerala conducted the chief secretary of the concerned state to issue needed instructions and circulars to all entities involved in infrastructure development to comply with the recommendations made by the State’s Disaster Management Authority (KSDMA)
Facts of the case
One of the recommendations calls upon all Engineering Departments and local Governments in the State to consider risks from the 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.
the afore Report that there are various recommendations made by the Kerala State Disaster Management Authority. It is for the District Collector, who is the Chairperson of the said Authority, to confirm that these recommendations are properly complied with.
Analysis of the court
The court directed that the competent Authorities make sure that the recommendations as afore are implicitly complied with, and the District Collector will file an Action Taken Report before this Court within a period of one month
the recommendation in the afore Report is not one specifically to the petitioner’s predicament, but it should be considered in all such cases of infrastructure development.
Therefore it is conducted that the Chief Secretary to the Government of Kerala immediately advert this recommendation and issue necessary orders/circulars/instructions to all entities so that in the future such issues can be allayed.
A Report in this regard by the Chief secretary will also be placed on record by the next posting date.
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 to, the Court said.
The aforementioned case was posted after a month
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Written By
Kaulav Roy Chowdhury
