The court ruled that the Disaster Management Act's provisions can override environmental regulations in critical situations to protect public safety and mitigate disaster effects.

JUDGMENT

Shaji P. Chaly, J.

The captioned writ appeal and the public interest writ petition are materially connected in respect of removal of a sandbar from the Thottappally Spillway region in Alappuzha district, and the segregation of the atomic mineral from the sand so removed. Therefore, with the concurrence of all parties, they were heard together and proposed to pass this common judgment. The fundamental issue raised by the appellant and the petitioners is that in the guise of removal of the sand bar for flood management and mitigation invoking the Disaster Management Act 2005, mining is being carried out without securing adequate clearances from the respective statutory authorities.

2. Writ Appeal No. 1643 of 2021 is filed by the writ petitioner challenging the judgment of the learned Single Judge dated 17.11.2021 in W. P. (C) No. 15520 of 2021 whereby the learned Single Judge dismissed the writ petition basically holding that there is no sand mining taking place at Thottappally Spillway consequent to removal of the sandbar, but the sandbar is removed invoking the powers under the Disaster Management Act , 2005 (Act 2005), in order to protect the people of Kuttanad area from flooding. It was also found that Section 72 of the Act 2005 has an overriding effect over the provisions of other laws, since it is intended to protect the very life of the citizens, without which the words right, liberty, o freedom and even the word Constitution will have no meaning.

3. In the public interest writ petition, the petitioner is the President of a registered trade union said to be constituted for the protection and welfare of fishermen community in the State of Kerala. In the said writ petition, petitioner seeks to set aside Ext. P18 resolution passed by the Purakkad Grama Panchayat dated 09.09.2021 whereby the Panchayat has decided to cancel the stop memo dated 01.06.2020 issued by the Secretary to the Kerala Minerals and Metals Ltd., requiring to stop mining of sand from Thottappally Pozhimugham (river mouth) and for a further writ of mandamus to restrain Kerala Minerals and Metals Ltd. (KMML) Kollam, Indian Rare Earths (India) Ltd. (IREL), Mumbai and Laxyo Energy Ltd., Madhya Pradesh, respondents 9 to 11, from functioning the atomic minerals separation plant installed in the CRZ prohibited zone, without getting clearance and sanction from the CRZ authorities as contemplated under the Coastal Regulation Zone Notification , 2011.

4. For the disposal of the appeal and the writ petition, the facts and documents available from W.A.No. 1643 of 2021 are relied upon.

5. The writ petition leading to the writ appeal is filed by the petitioner challenging the permission given to the KMML to conduct sand mining from Thottappally Spillway region. According to the appellants, Ext. P2 order passed by the State Government dated 31.05.2019 and the agreement executed thereto are in blatant violation of the Mines and Minerals (Development and Regulation) Act , 1957 (Act 1957) and the Coastal Regulation Zone notifications 2011 and 2019.

6. According to the appellants, the Kuttanad region in Alappuzha District during heavy monsoon gets inundated and consequent to which severe loss and damages to the people and agriculture is caused. It was taking into account the said fact that the Government of India by its 1st five year plan of 1954 constructed an artificial channel to collect and drain the flood water from the rivers before it entered into the Kuttanad region. It is the case of the appellants that the artificial channel is designed in such a manner that from a place called Veeyapuram in Alappuzha District, the flood water is drained t