The Kerala High Court has taken a proactive stance in response to the recent Wayanad landslides, launching suo motu proceedings to address the factors contributing to the disaster.
In a significant move, the Division Bench, led by Justices AK Jayasankaran Nambiar and Syam Kumar VM, initiated a writ petition to explore preventive measures for future natural calamities. The Bench underscored the urgent need for the State government to establish a comprehensive policy regulating developmental activities before considering licenses on an individual basis.
The Court emphasized that any decision to grant or renew licenses for developmental projects must take into account the specific characteristics of the land, the availability of natural resources, and the potential environmental impact. The Bench highlighted the importance of consulting Bio-Diversity Boards to ensure the ecological balance is preserved.
This intervention comes in the wake of the Court’s previous deliberations on quarrying and construction activities in Wayanad. A verdict had been reserved on July 29, just before the district was hit by the devastating landslides. However, the extent of the tragedy prompted the Court to revisit its earlier considerations.
The Bench expressed a need to reassess the balance between development and environmental preservation, urging the State government to take on the role of a protector of natural resources, guided by the doctrine of public trust. The Court stressed that these resources should be safeguarded for public benefit rather than exploited for private gain.
To ensure a well-rounded perspective, the Court decided to link the pending case with the new suo motu petition, bringing in insights from the scientific community beyond just government experts. Both cases are scheduled for a hearing on Friday, August 9.
