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2016 Supreme(Ker) 124

STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM – Appellant
Versus
BIJU RAMESH – Respondent


Advocates Appeared:
For the Appellant :SRI. K.P. DANDAPANI, ADVOCATE GENERAL & SRI. C.S. MANILAL, SR. GOVT. PLEADER.
For the Respondent: SRI. V.V. ASOKAN, SRI. N. NANDAKUMARA MENON, SR. ADV. & SRI. K.I. MAYANKUTTY MATHER, SRI. R. JAIKRISHNA, SRI. V. SURESH, SRI. P.K. MANOJKUMAR, ADVS.

JUDGMENT :

ASHOK BHUSHAN, J.

1. These Writ Appeals raise an important issue pertaining to the extent of power which can be exercised by the District Disaster Management Authority (for short, “the DDMA”) in reference to a disaster management, i.e., Whether in exercise of the power under Section 34 of the Disaster Management Act, 2005 (hereinafter referred to as “the 2005 Act”), the District Management Authority can direct for demolition of the construction belonging to a private individual standing on an underground canal so as to carry out renovation and repair works of the said canal which became imminent due to the fact that the structure of the canal has outlived its life and would have led to a disaster within the meaning of the 2005 Act?

2. Writ Appeal Nos. 2745, 2767 and 2768 of 2015 have been filed against the common judgment dated 23.09.2015 rendered by the learned Single Judge in three Writ Petitions filed by respondent No.1 in the above appeals. Writ Appeal No.57 of 2016 has been filed by the petitioner in Writ Petition No.26246 of 2015 in so far as the learned Single





































































































































































































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