[Disaster Management Act 2005] District Authority Can't Expand 'Landslide Prone Area' Definition Sans State Authority's Approval: Kerala HC
1 year, 2 months 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 high hazard zone as per DDMA and was construed as a 'landslide prone area'. Justice Bechu Kurian Thomas while setting aside the order stated that DDMA has prepared zonation maps and expanded the definition of 'landslide prone area' without approval from the State Authority. As the definition given to the term 'landslide prone area' as widened by Ext.P7 has not been approved by the State Authority, under no circumstances can the landslide-prone area include a distance of 500 metres from the high-hazard zone.” The petitioner submitted that his house comes within the safe zone of the zonation map prepared by DDMA and constructions were permitted in nearby areas. Thus, the Court held that DDMA, without approval from SDMA cannot include areas within 500 meters of high-hazard zone as 'landslide prone areas'.

Disaster Court State Panchayat Zone District Occupancy Landslide 500 Authority 500 Metres Sdma Section 31 Ddma District Authority Prone Area 500 Meters  authority  state  kerala  500  disaster  sans  prone  area  district  ddma  hc  zone  expand  court  occupancy  management  landslide

History of this topic

Kerala High Court Allows State To Acquire Nedumpala Estate and Elstone Tea Estate In Wayanad For Rehabilitation Of Landslide Victims
2 months, 3 weeks 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 …

Kerala High Court Stops Sunburn Festival To Be Conducted In Wayanad On New Year's Eve Upon Plea By Residents
2 months, 3 weeks ago

Kerala High Court Stops Sunburn Festival To Be Conducted In Wayanad On New Year's Eve Upon Plea By Residents

Live Law  

The Kerala High Court directed the Disaster Management authorities and other concerned authorities to ensure that the 'Sunburn Festival' is not conducted in Wayand unauthorisedly. The Division Bench of the High Court considering the issue of rehabilitation of victims of Wayanad landslide had earlier orally asked how this program can be held soon after the disaster. They approached the High …

Disaster Management bill passed in Lok Sabha amid Oppn uproar
3 months, 1 week ago

Disaster Management bill passed in Lok Sabha amid Oppn uproar

Hindustan Times  

New Delhi: The Disaster Management Bill, 2024, was passed in the Lok Sabha on Thursday despite strong criticism from Opposition members. Rai responded to the debate with an hour-long speech, saying, “The government is wholeheartedly committed to strengthening every department concerned for effective disaster management by enabling greater coordination and uniformity in administrative procedures.” Trinamool Congress MP Saugata Roy criticised …

Wayanad Landslides | Kerala High Court Slams State Government For Failure To Explain Available Balance In State's Disaster Response Fund
3 months, 2 weeks 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 …

[Wayanad Landslides] Kerala High Court Tells State To Furnish Details Regarding Availability & Utilisation Of Funds In SDRF
3 months, 2 weeks ago

[Wayanad Landslides] Kerala High Court Tells State To Furnish Details Regarding Availability & Utilisation Of Funds In SDRF

Live Law  

The Kerala High Court has orally directed the State Government to furnish clear details regarding the availability and utilization of funds in the State's Disaster Response Fund. The State Government informed the Court that they are unable to use approximately 153 crores allocated by the Central government for immediate assistance, unless it is demonstrated that 50 percent of the funds …

Centre says no provision to declare Wayanad landslides as national disaster
4 months, 1 week ago

Centre says no provision to declare Wayanad landslides as national disaster

New Indian Express  

KOCHI: There is no provision to declare any calamity as ‘national disaster’, the Union government has informed Kerala government in response to its plea to declare the July 30 landslides in Wayanad that left over 400 dead, as one. The Centre’s response drew flak from political parties, with Priyanka Gandhi, the Congress general secretary and the party’s Wayanad Lok Sabha …

MoS Home rejects 'national disaster' tag for Wayanad landslides
4 months, 1 week ago

MoS Home rejects 'national disaster' tag for Wayanad landslides

India Today  

The Ministry of State for Home Affairs, in a letter, informed Special Representative of Kerala in New Delhi KV Thomas that the Wayanad landslides cannot be declared a national disaster. In the letter, MoS Nityanand Rai clarified that under the existing guidelines of the State Disaster Response Fund and the National Disaster Response Fund, there is no provision to officially …

Wayanad: Decentralisation in disaster management
5 months, 3 weeks ago

Wayanad: Decentralisation in disaster management

Hindustan Times  

The news and the images from the landslides in Wayanad district in Kerala depicting horrific losses prompt us to revisit the disaster management and governance of areas vulnerable to natural disasters. The14th State Plan based on the working group report on disaster management mentions ‘The scientific analysis has also brought out that there is a knowledge gap, a lack of …

Kerala to hold Post Disaster Needs Assessment in Wayanad
6 months, 3 weeks ago

Kerala to hold Post Disaster Needs Assessment in Wayanad

The Hindu  

Kerala is all set to begin Post Disaster Needs Assessment in the landslides-affected areas in Meppadi grama panchayat in Wayanad from Monday. The State will frame a detailed report after a week-long assessment and submit it to the National Disaster Management Authority, which, in turn, will forward it to the Union Ministry of Home Affairs. The MHA normally took a …

Kerala High Court Expresses Dismay Over Banks Deducting Loan Instalments From Relief Fund Of Wayanad Landslide Victims
6 months, 3 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 …

Landslide devastation in Kerala's Western Ghats highlights urgent need for sustainable development
7 months ago

Landslide devastation in Kerala's Western Ghats highlights urgent need for sustainable development

Hindustan Times  

On the night of July 30, massive landslides devastated the villages of Chooralmala, Mundakkai, and Punchiri Mattam on the hillslopes of Wayanad in Kerala, resulting in the deaths of 400 people. The landslide severely impacted Vilangadu, a mountainous village in the Western Ghats identified by the Kerala Disaster Management Authority as "most vulnerable." The sense of desperation is not confined …

Kerala requests Centre to declare Wayanad landslide a national disaster
7 months, 2 weeks ago

Kerala requests Centre to declare Wayanad landslide a national disaster

The Hindu  

The Kerala government has requested the Centre to declare the catastrophic landslide that devastated at least three villages in Vythiri taluk in the Wayanad district on July 30 a national disaster. He said the Central government was weighing the legality of the State government’s demand to declare the landslide a natural disaster. Officials believe declaring the landslide a natural disaster …

Centre says examining legality of Kerala’s demand to declare Wayanad a national disaster
7 months, 2 weeks ago

Centre says examining legality of Kerala’s demand to declare Wayanad a national disaster

The Hindu  

Union Minister of State for Tourism Suresh Gopi said the Central Government would weigh the legality of Kerala’s demand to declare the Wayanad landslide a national disaster. Speaking to reporters after touring the disaster zone on Sunday, Mr. Gopi, actor and Bharatiya Janata Party’s MP from Thrissur, said the Centre has to adhere to several modalities before making any declaration. …

Wayanad landslides: Kerala govt slammed for gag order for scientists; CM Vijayan withdraws it later
7 months, 2 weeks ago

Wayanad landslides: Kerala govt slammed for gag order for scientists; CM Vijayan withdraws it later

Hindustan Times  

The Bharatiya Janata Party has hit out at the Pinarayi Vijayan government after the Kerala government requested the state's scientific community on Thursday to refrain from sharing their opinions and study reports on the Wayanad landslides with the media. However, chief minister Pinarayi Vijayan on Thursday night directed chief secretary V Venu to withdraw the controversial note issued by the …

Kerala’s failure: Micro-level mapping of landslip hazard zones, rehabilitation
7 months, 3 weeks ago

Kerala’s failure: Micro-level mapping of landslip hazard zones, rehabilitation

Hindustan Times  

The recent devastating landslides in Kerala’s Wayanad district, resulting in at least 193 deaths and numerous individuals being trapped, underscore the urgent need for immediate micro-level mapping of landslip hazard zones throughout the state. The state government has repeatedly ignored this crucial issue since the devastating floods in 2018 caused numerous landslides in hill districts like Wayanad and Idukki. As …

Grievance Redressal Mechanism For Kerala Floods: Permanent Lok Adalat Shall Be Treated As Second Appellate Authority: Kerala HC [Read Order]
6 years, 1 month ago

Grievance Redressal Mechanism For Kerala Floods: Permanent Lok Adalat Shall Be Treated As Second Appellate Authority: Kerala HC [Read Order]

Live Law  

The Kerala High Court has directed that Permanent Lok Adalat in the state shall be treated as the final level appellate authority in the Grievance Redressal Mechanism put in place by the state, for persons affected by flood/landslides, in relation to the benefits announced for them through the various Government orders. The bench comprising Chief Justice Hrishikesh Roy and Justice …

Disaster management under scanner
10 years, 8 months ago

Disaster management under scanner

The Hindu  

In the wake of a major explosion at Nagaram due to gas pipeline leakage, the roles and responsibilities of District Disaster Management Authority have come under scanner. The DDMA Act, as envisaged by the National Disaster Management Authority, is the planning coordinating and implementing body for disaster management at the district level. The large scale exploration of oil and natural …

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