Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.JAYACHANDRAN
Sreerosh Developers Private Limited – Appellant
Versus
State Of Kerala Represented By The Chief Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to stop memo under disaster management act. (Para 1) |
| 2. petitioner's arguments against ext.p10 validity. (Para 2 , 3) |
| 3. court's assessment of powers under the act. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. conclusion on ext.p10 validity. (Para 10) |
| 5. direction for compliance with existing orders. (Para 11) |
JUDGMENT :
C. Jayachandran, J.
Ext.P10 – a stop memo issued in purported invocation of the powers under Section 30 (2)(v) of the Disaster Management Act, 2005 ('the Act', for short) - is under challenge in this Writ Petition. Ext.P10 called upon the petitioner to stop all construction activities at the subject site, on the allegation that it pumped huge quantities of water from low-lying areas for the construction of an apartment complex, with the result, the groundwater level of the nearby locality has depleted to an extent of 2 to 3 meters. Ext.P10 finds that such decrease in the groundwater level is due to the construction activities undertaken by the petitioner, especially in its conduct of pumping water from natural water resources.
2. Learned counsel for the petitioner would attack Ext.P10 essentially on the following premises. The first is that, Ext.P10 was iss
The issuance of a stop memo under the Disaster Management Act must comply with natural justice and must be executed by the correct authority; groundwater level depletion does not constitute an emerge....
The Chairperson of the District Disaster Management Authority lacks the authority to issue demolition orders without a verified emergency and the necessary ratification from the District Authority, v....
The Chairman of the District Disaster Management Authority exceeded jurisdiction by issuing orders without an emergent situation, violating provisions of the Disaster Management Act, 2005.
The District Disaster Management Authority exceeded its jurisdiction in issuing a general order without emergent circumstances, violating provisions of the Disaster Management Act, 2005.
An order under the Disaster Management Act cannot compel a party to construct measures without proper authority when no disaster is established.
The Chairman of the District Disaster Management Authority lacks jurisdiction to issue non-emergency orders without consultation and approval from the necessary authorities under the Disaster Managem....
Principles of natural justice require that affected parties be granted a fair opportunity to be heard before decisions impacting their rights are made.
The court mandated ecological assessments for flood mitigation measures, emphasizing oversight to protect sensitive ecosystems.
Property rights under Article 300A cannot be impaired without concrete evidence of a disaster situation as per the Disaster Management Act, 2005.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
