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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
SR Educational & Charitable Trust – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. compensation claims for property taken during covid-19 (Para 1 , 2 , 3) |
| 2. respondents' arguments against compensation claims (Para 4 , 5) |
| 3. district collector's reasoning on lack of compensation (Para 6 , 7 , 8 , 9) |
| 4. court's obligation on compensation for taken equipment (Para 10 , 11) |
| 5. judgment remitting for reconsideration of claims (Para 12) |
JUDGMENT :
N.NAGARESH, J.
The petitioner, which is an educational agency running a Medical College and Dental College, has filed this writ petition seeking to quash Ext.P23 and to direct the respondents to determine the compensation payable to the petitioner for taking over their Hospital, Hostel, the equipments and instruments, under the provisions of the Disaster Management Act, 2005 and to disburse the compensation amounts forthwith.
2. The petitioner states that by Ext.P1 order dated 16.03.2020, the petitioner was directed to handover the petitioner's Medical College with all existing human and material resources to the DMO, Thiruvananthapuram. Ext.P1 was issued under Sections 26 , 30 and 34 of the Disaster Management Act, 2005. The Secretary to Cherunniyoor Grama Panchayat required the petitioner to handover keys of the
Emergency authorities are mandated to compensate for property used during crises, regardless of compliance with construction regulations, affirming property rights under constitutional law.
Compensation for requisitioned premises under the Disaster Management Act cannot be limited by Executive Orders, and must reflect actual rent for the entire duration of requisition.
The court allowed banquet owners to seek compensation under Section 66 of the Disaster Management Act for the requisition of their premises and directed expedited processing of compensation applicati....
The petitioner must be afforded a hearing before rent fixation for requisitioned property and can seek compensation under the Disaster Management Act.
The court highlighted the importance of allowing the petitioners to pursue the compensation dispute and ensuring their request for an arbitrator is not rejected based on limitation.
The court affirmed that under Section 66 of the Disaster Management Act, officers must determine compensation for requisitioned properties, irrespective of an application by property owners.
The Disaster Management Act, 2005 permits the government to permanently acquire land for disaster management purposes, ensuring compensation for affected property owners under the eminent domain prin....
The court dismissed the petition due to lack of substantiation for the violations claimed, affirming previous actions taken by the authorities.
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