Kerala High Court Allows State To Acquire Nedumpala Estate and Elstone Tea Estate In Wayanad For Rehabilitation Of Landslide Victims
1 week, 4 days ago

Kerala High Court Allows State To Acquire Nedumpala Estate and Elstone Tea Estate In Wayanad For Rehabilitation Of Landslide Victims

Live Law  

The Kerala High Court on Friday held that the State can take over the Nedumbala estate and Elstone tea estates in Wayanad for rehabilitation purposes post the July 30 landslide, under the Disaster Management Act, 2015. Justice Kauser Edappagath also said that the government shall determine the total amount of compensation to be awarded to the petitioners for taking over/acquiring the subject properties as per the provisions in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner companies claimed to be title holder in possession of two properties in the area had challenged a October 4 government order according sanction and approval for setting up a model township after the Wayanad landslide in July for rehabilitating the disaster victims, mainly on the ground that it was issued beyond the powers under the DM Act, 2005 and is violative of the provisions contained in Article 300A of the Constitution of India. The Court in the instant case, observed that as per the law laid down in State of Kerala v Dr, Biju Ramesh and Another, that the District Disaster Management Authority is competent to take any measure for disaster management including permanently taking over/ acquiring land of a private person/ entity to rehabilitate the disaster victims and reconstruct the damage caused by the victim.

Disaster Kerala Tea Properties Disaster Management Compensation Court Rehabilitation Land Wayanad State Estate Act Taking Petitioners Ete Dm Act Nedumbala Estate Elstone Tea Estates Elstone Tea Estate  kerala  land  landslide  properties  estate  act  rehabilitation  tea  high  victims  state  compensation  petitioners  disaster  taking  wayanad  nedumpala  court  dm

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Kerala High Court clears estate land acquisition for Wayanad landslide victims
1 week, 5 days ago

Kerala High Court clears estate land acquisition for Wayanad landslide victims

India Today  

The Kerala High Court ruled that the state government can acquire estate lands identified by it to build a township for rehabilitating victims of the Wayanad landslide. The high court passed the judgment while dismissing a petition by Harrisons Malayalam Limited and Elstone Tea Estate Limited that sought to block the acquisition. The court clarified that the land acquisition must …

Wayanad Landslides | Kerala High Court Slams State Government For Failure To Explain Available Balance In State's Disaster Response Fund
1 month ago

Wayanad Landslides | Kerala High Court Slams State Government For Failure To Explain Available Balance In State's Disaster Response Fund

Live Law  

The Kerala High Court today criticised the State government for its failure to provide details regarding the availability and utilization of funds in the State's Disaster Response Fund. The State government, along with the Finance Officer of the Department of Disaster Management submitted before the Court that 677 crores must be the amount available in the SDRF, however, they were …

Kerala High Court Expresses Dismay Over Banks Deducting Loan Instalments From Relief Fund Of Wayanad Landslide Victims
4 months, 2 weeks ago

Kerala High Court Expresses Dismay Over Banks Deducting Loan Instalments From Relief Fund Of Wayanad Landslide Victims

Live Law  

The Kerala High Court has expressed its "distress" over banks deducting monthly loan instalments from the funds deposited into the Wayanad Landslide victims' accounts from the Chief Minister Distress Relief Funds. However, Court orally remarked, “At the State level, Please give instructions to all the banks, at least of those whom you have some degree of control like cooperative banks…there …

[Disaster Management Act 2005] District Authority Can't Expand 'Landslide Prone Area' Definition Sans State Authority's Approval: Kerala HC
1 year ago

[Disaster Management Act 2005] District Authority Can't Expand 'Landslide Prone Area' Definition Sans State Authority's Approval: Kerala HC

Live Law  

The Kerala High Court has made it clear that the District Disaster Management Authority cannot expand the term ' landslide prone area ' without approval from the State Disaster Management Authority. In this case, the petitioner's application for change of occupancy from residence to homestay in Wayanad was rejected stating that his house comes within 500 meters distance from a …

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