LI Network
Published on: February 20, 2024 at 14:51 IST
The Kerala High Court has directed the state government to establish a High-Level Committee, headed by the Principal Secretary of the Revenue Department and comprising experts in Geology, Hydrology, Agriculture, and Disaster Management.
This committee is tasked with making recommendations and providing relief to the victims of the Kavalappara landslide. The Court specified that the committee should be formed within two months.
The residents of Kavalappara village had approached the High Court seeking the restoration of their land to its original state for agricultural activities or adequate compensation for the losses incurred due to the 2019 landslide.
Justice Devan Ramachandran stated that the High-Level Committee would hear the concerns of the villagers and make recommendations to the government regarding the restoration of lands or the provision of suitable compensation.
“On the Committee being so constituted, each of the petitioners shall be heard, along with others who are similarly situated, if they are so interested; and a final and comprehensive plan to offer support to them – either by restoration of agricultural land, or by way of appropriate compensation – shall be recommended by them to the Government, within a period of two months thereafter,” the Court declared.
Additionally, the Court emphasized that upon receiving recommendations from the High-Level Committee, the government should make a final decision on the matter promptly.
The petitioners, residents of Kavalappara village in Wayanad district, had lost their lands, their sole source of livelihood, in the landslide of August 08, 2019, which also claimed fifty-nine lives. They sought restoration of their lands or adequate compensation, invoking their constitutional rights under Article 21.
The Court acknowledged the complexity of the issue involving various interests, including geological considerations for land restoration, and noted that expert opinions were essential to avoid potential catastrophes from further landslides.
Observing that the government had not yet provided substantial relief to the petitioners, the Court stressed the urgency for comprehensive and swift action to address their grievances.
“The inviolable requirement for the Government and its machinery concerned to have responded swiftly to the cri de coeur of citizens like the petitioners cannot be lost thought of any at the time; and it is, therefore, imperative that every measure as is required and necessary is taken and completed to allay such within the shortest period of time,” the Court emphasized.
In response, the Court directed the government to form a High-Level Committee to address the concerns of the petitioners, offering either land restoration or compensation, and to do so with empathy and expediency. The writ petition was disposed of accordingly.
Case Title: Kuttiyali v State of Kerala & Connected Matters