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 Judge by the same judgment has refused to grant relief to the Writ Petitioner therein.

3. All the Writ Appeals raising common questions of facts and law have been heard together and are being decided by this common judgment. WA No. 2745 of 2015 arising out of W.P. (C) No.26377 of 2015 is being treated as leading writ appeal and reference of facts and pleadings in the above case shall suffice for deciding all the writ appeals.

4. Facts of each Writ Appeal needs to be noted separately.

W.A. No. 2745/2015

5. More than a Century ago, in the year 1901, the Maharaja of Travancore (now known as Thiruvananthapuram) for the purpose of drainage, constructed a Canal, viz., Thekkinikara Canal which starts from Karimadam flood balancing tank in Thiruvananthapuram Taluk, flows through a covered drain northwards into the Attakulangara school premises from where it flows westwards through an underground arch conduit through the southern portion of the Fort premises, exits at the Vazhappally Junction and further flows down as an open canal to Parvathi Puthanar. The Canal was reconstructed and repaired in the year 1936. After the formation of the State of Travancore-Cochin, the then Government issued an order dated 02.02.1950 regarding allocation of property between the State and Maharaja of Travancore. Various Properties as detailed in Government Order dated 02.02.1950 were retained by the Maharaja of Travancore. One of the survey numbers which was retained was Sy.No.560/ 364 of Vanchiyoor Village. On 21.12.1972, mother of the petitioner, Smt.B.Indira Devi, obtained a deed of sale executed by the Power of Attorney of the Maharaja of Travancore for an area of 75 cents comprised in Sy.No.560/364 along with certain buildings existing thereon. By settlement deed dated 02.12.2010 Smt.Indira Devi made a settlement of 19.5 cents in Sy.No.560/364-3 in favour of the petitioner along with buildings. Petitioner and his mother renovated and repaired the buildings existed in Sy.No.560/364. Petitioner started paying land tax and ownership of the building was also transferred in the name of the petitioner.

6. The 2005 Act was enacted by the Parliament for prevention and mitigation of effects of disasters and for undertaking a holistic, co-ordinated and prompt response to any disaster situation and to provide requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans. Under the 2005 Act the State Government issued State Disaster Management Policy, dated 19.06.2010 under which “District Management Plan, Thiruvananthapuram-2014” was prepared. The city of Thiruvananthapuram on account of incessant rains had been witnessing floods, water logs, disruption of traffic and an operation, viz., Operation Anantha” was initiated for mitigatin