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, violating the provisions of the Disaster Management Act.

JUDGMENT :

C. Jayachandran, J.

Ext.P9 is under challenge in this Writ Petition, which is an Order passed by the Chairperson of the District Disaster Management Authority, calling upon the 3^rd respondent/ Secretary of the Grama Panchayath concerned to demolish the building, wherein the petitioner is a tenant. The nature of the Order passed is the essence of the dispute involved in this Writ Petition. The petitioner would assail Ext.P9 under the following premises:

If it is one passed under Section 30 (2)(v) of the Disaster Management Act, 2005 , ('the Act', for short), the 5^th respondent/District Collector, in his capacity as the Chairperson of the District Disaster Management Authority, has no power. Per contra, if it is one passed under Section 26 (2) of the Act, there is no pressing emergency enabling the issuance of such an Order. Nor was there any ratification of the same by the Authority, as enjoined by (2) of the Act. Thus Ext.P9 is bad in law, is the petitioner's contention.

2. Learned Government Pleader would submit that, Ext.P9 is issued by the District Disaster Management Authority, represented by the Chairperson; and not by the Chairperson in her individual capacity. According to the learned Government Pleader, Ext.P9 Order is liable to be treated as one under Section 30 (2)(v) of the Act, which has been specifically recited towards the end of the Order.

3. Learned Standing Counsel for the 2^nd respondent Panchayath would submit that the building in question is in a dilapidated condition, and the same requires emergent demolition, for the purpose of reconstruction. All the Government offices in the building have been vacated, and the solitary person now occupying the building, is the petitioner, who is a tenant under the Panchayath. Since Ext.P9 recites that the building is lying in a dangerous condition, the emergent situation, as contemplated in Section 26 (2) is quite reflected, wherefore, the Chairperson of the Authority, by himself, is empowered to pass Ext.P9 Order.

4. Having heard the learned counsel appearing for the respective parties, this Court can only endorse the submissions made by the learned counsel for the petitioner. The heading of the impugned Ext.P9 is that it is a proceeding issued by the Chairperson of the Ernakulam District Disaster Management Authority, who is also the District Collector. Towards the end of Ext.P9 Order - as pointed out by the learned Government Pleader - the power is seen traced specifically to Section 30 (2)(v) of the Act. A perusal of of the Act would indicate that the Section deals with the powers and functions of the 'District Authority'. All the powers, inclusive of the power under (2)(v), are bestowed on the District Authority by the statute; and not on the Chairperson. A perusal of Ext.P9 would indicate that the same has been issued by the Chairperson. This Court specifically queried to the learned Government Pleader as to whether any authority meeting was held by the persons, who constitute the Authority in terms of Section 25 of the Act. If the answer is in the affirmative, this Court was inclined to grant time to the learned Government Pleader to produce the records. However, no such meeting was convened, is the answer given. Therefore, there cannot be any quarrel with respect to the factual position that Ext.P9 is issued by the Chairperson, in her official capacity; and not by the District Authority. Therefore, Ext.P9 can be saved, only if the power can be traced to Section 26 (2).

5. Section 26 deals with the powers of the Chairperson of the District Authority. (2) is extracted here below:

“26.Powers of Chairperson of District Authority.—

(1) xxx

(2) The Chairperson of the District Authority shall, in the case of an emergency, have p