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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., SOUMEN SEN
P.K. Ibrahim s/o Kunjukunju – Appellant
Versus
State Of Kerala District Disaster Management Authority – Respondent
| Table of Content |
|---|
| 1. issue regarding excavation and property boundaries. (Para 2 , 3) |
| 2. jurisdictional limitations and resolution of disputes. (Para 5 , 6) |
JUDGMENT :
SOUMEN SEN, C.J.
1. Heard Mr. Albin A. Joseph, learned counsel for the appellant, Mr. Bijo Francis, learned counsel for respondent No.5 and Mr. V. Tekchand, learned Senior Government Pleader.
2. The subject matter of the complaint before the authority under the Disaster Management Act, 2005, is the alleged excavation of soil from the writ appellant’s land for the purpose of road construction. The authority passed the impugned order marked as Ext.P4, dated 29.08.2022. It appears from the report, which the Single Bench has taken into consideration in the judgment, that the area where the road was constructed slopes from south to north. Upon inspection, the newly constructed mud road was found to be 32 meters in length and 3 meters in width, situated at a distance of 4 meters from the house of Mr. Iqbal, the complainant. In the report it is also mentioned that the earthen embankments at the start of the northern side of the road has a height of approximately 3.8 meters and there appears to be dispute between both the parties r
Jurisdiction under the Disaster Management Act is limited to community impacts; individual property issues fall under civil law.
An order under the Disaster Management Act cannot compel a party to construct measures without proper authority when no disaster is established.
The court emphasized the obligation of authorities to act under applicable laws for public safety concerning land excavation and structural integrity.
The court upheld excavation permits after assessing no immediate threat, indicating that concerns must be raised with appropriate authorities if issues persist.
Principles of natural justice require that affected parties be granted a fair opportunity to be heard before decisions impacting their rights are made.
Property rights under Article 300A cannot be impaired without concrete evidence of a disaster situation as per the Disaster Management Act, 2005.
Authority must conduct a factual inquiry before taking action under the Disaster Management Act, ensuring the rights of the property owner are upheld.
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.
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