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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, CJ, SYAM KUMAR V.M., J
GREEN ROOTS NATURE CONSERVATION FORUM – Appellant
Versus
GOVERNMENT OF INDIA – Respondent
| Table of Content |
|---|
| 1. challenge to disaster management measures for flood containment. (Para 1 , 2 , 3 , 4) |
| 2. assessment of ecological impact of proposed actions. (Para 6 , 7 , 8) |
| 3. need for an ecological oversight committee. (Para 20) |
| 4. court decision on balancing flood control with ecological preservation. (Para 21 , 22 , 23) |
JUDGMENT
Syam Kumar V.M., J.
These Writ Petitions are filed challenging the order issued by the Respondent - District Collector, Alappuzha, invoking powers under Section 30 of the Disaster Management Act , 2005 (hereinafter referred to as “the Act of 2005”). Since common questions arise for consideration, these W.P.(C) s are heard and disposed of together. For the sake of easy reference to exhibits and contentions, W.P.(C)
No.16281 of 2019 is taken as the lead case.
2. Ext.P5 order was issued by the 3rd respondent District Collector as the Chairman of the District Disaster Management Authority, suggesting certain flood containment measures to address the perennial issue of flooding of Kuttanad areas during monsoons. The question that comes up for consideration in these W.P.(C)s essentially concerns the legality of such flood containment measures in terms of their
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