The court affirmed that established frameworks for sedimentation management in Kerala adequately address public concerns, allowing the petition to be treated as a representation.

JUDGMENT :

Nitin Jamdar, C.J.

This Public Interest Litigation was filed in November 2021 for a direction to Respondent No. 5 – the Chief Secretary, Government of Kerala, Respondent No. 9 – the Secretary, Department of Irrigation, and Respondent No. 12 – the Managing Director, Kerala State Electricity Board, to submit a sedimentation study report of the dams, reservoirs, and rivers in the State of Kerala.

2. The Petitioner has referred to the provisions of the Disaster Management Act, 2005, which deal with the establishment of a State Management Authority and the measures to be adopted for the prevention and mitigation of disasters. Reference is also made to the Kerala Irrigation and Water Conservation Act, 2003 and the Kerala Panchayat Raj Act, 1994, to emphasise the statutory duties. The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 also provides for the protection of river banks from large-scale dredging of river sand and periodical measurement of the quantity of sand.

3. The petition is filed in the year 2021 primarily referring to the severe floods that affected the State of Kerala during August 2018 and the subsequent monsoon years of 2019 and 2020. According to the Petitioner, the desiltation of dams and rivers has increased the likelihood of severe floods. Counter affidavits/statements were filed by Respondent No. 9 on 11 January 2022, and Respondent No. 12 on 17 February 2023. The learned Senior Government Pleader pointed out that the State has taken various measures and continues to do so.

4. We have heard Mr. P.C. Chacko, learned counsel for the Petitioner, Mr. B. Premod, learned standing counsel for Respondent No. 12 – KSEBL, and Mr. K.P. Harish, learned Senior Government Pleader for the State.

5. The learned Senior Government Pleader, referring to the statement, submitted that the State Government approved the Standard Operating Procedures (SOP) for the desiltation of reservoirs in Kerala through Government Order dated 26 September 2017. It also approved the desiltation of Mangalam and Chulliyar dams as pilot projects. An empowered committee chaired by the Chief Secretary and a technical committee chaired by the Chief Engineer (Irrigation & Administration) were constituted on 16 June 2018. The Government subsequently approved modifications to the SOP on 14 May 2019. On 8 November 2019, administrative sanction was granted for desilting the Mangalam Reservoir in Palakkad district using the Turnkey method. Following the recent floods in Kerala, a large quantity of debris, silt, and sand accumulated near irrigation structures in rivers. Consequently, as per Government Order dated 8 November 2019, administrative sanction was granted for the desilting of six structures: Cheruthuruthi check dam, Changanamkunnu regulator, Manjummel regulator, Purappallykavu regulator, Velliyankallu regulator-cum-bridge, and Pookkottumanna regulator-cum-bridge. The State has also submitted that the Thottappally spillway is essential for flood mitigation in the Kuttanad region of Alappuzha district, as it regulates the discharge of floodwaters from the Pamba, Achenkovil, and Manimala rivers into the Arabian Sea. To restore the estuary width to 360 metres, sand and other obstructions were removed, thereby improving floodwater drainage into the sea. This removal is undertaken annually as a part of the ongoing flood mitigation efforts in the Kuttanad region. The Kerala Engineering Research Institute (KERI), Peechi, under the Water Resources Department, is responsible for investigation work, material testing, hydraulic model studies, consultancy, training, quality control, and research in Civil and Water Resources Engineering. It also conducts sedimentation studies of water bodies as required. KERI provides technical support to the Irrigation Department and other State departments, as well as testing and consultancy services to public and private organizations. It has conducted sedimentation studies for several reservoir