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NITIN JAMDAR, S. MANU
Prasad S. – Appellant
Versus
Secretary, Ministry Of Environment, Forest And Climate Change, Government Of India, Central Secretariat, New Delhi – Respondent
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.
The court affirmed that established frameworks for sedimentation management in Kerala adequately address public concerns, allowing the petition to be treated as a representation.
In times of disasters, the Disaster Management Act, 2005 will and should override the provisions of other laws, because the Act, 2005 is intended to protect the very life of the citizens, without whi....
The court emphasized that environmental management orders should be based on thorough investigations and inclusive stakeholder dialogue to address public concerns effectively.
The court mandated ecological assessments for flood mitigation measures, emphasizing oversight to protect sensitive ecosystems.
Judicial review on technical matters is limited to instances of illegality or irrationality, emphasizing deference to expert opinions.
The court underscores the necessity for clear guidelines on calculating deductions in tender awards to safeguard public funds from arbitrary losses in the tendering process.
The court reinforces the principle that environmental protection must prevail over economic interests, directing the project proponent to conduct de-silting in compliance with ecological guidelines t....
The court affirmed the necessity for state compliance in environmental management to prevent ecological and human losses.
The legality of the National Highway Authority's dredging activities was affirmed, emphasizing the need for balance between infrastructure development and environmental protection, with administrativ....
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