Covid-19 Disease A 'Disaster': Kerala HC Upholds Taking Over Of Residential Apartment By DDMA [Read Judgment]
Live LawThe Kerala High Court dismissed a plea challenging take-over of an Apartment building for using it as Covid First Line Treatment Centre.Justice N. Nagaresh observed that the Corona Virus Disease will fall within the ambit of "disaster" as defined under Section 2 of the Disaster Management Act and thus it will be open to the District Authority to procure use of amenities including. Justice N. Nagaresh observed that the Corona Virus Disease will fall within the ambit of "disaster" as defined under Section 2 of the Disaster Management Act and thus it will be open to the District Authority to procure use of amenities including buildings from any authority or person even without formal requisition. The owner and some occupants of the flats had approached the High Court after the District Disaster Management Authority took over the Apartment complex to convert it temporarily as Covid First Line Treatment Centre. Referring to the definition of disaster, the court observed "The Corona Virus Disease, 2019, being a grave occurrence of a pandemic and consequently a calamity, arising from natural or man made cause, which has already resulted in substantial loss of life and human suffering, and being of such a nature and magnitude that it is beyond the coping capacity of the community of the affected area, the disease will fall within the ambit of "disaster" as defined under Section 2."