Governmental authorities must comply with disaster management duties to protect lives and property at risk from natural calamities.

ORDER

This review petition is filed by respondents 1 to 8 and 11 and additional respondents 12 and 13 in W.P.(C) No.6880 of 2022 against the judgment dated 02.11.2022 passed therein.

2. According to the writ petitioners who are respondents 1 and 2 in the review petition, they are residing on the banks of Chaliyar river at Thazhathangadi in Areacode Village in Malappuram District and their residential buildings are on the verge of imminent danger and threat of collapse due to heavy soil erosion on the river banks. Though they approached various authorities including the Chairman of the District Disaster Management Authority to construct a retaining wall to prevent landslides and slippage of earth, no positive steps were taken. Accordingly, they filed the writ petition seeking directions, inter alia, to respondents 2 and 5 to take appropriate steps in terms of the Disaster Management Act , 2005 and construct a retention wall on the banks of Chaliyar river (on the left bank) at Thazhathangadi as requested vide Exts.P2 and P6, and mitigate the disaster as expeditiously as possible.

3. The Assistant Executive Engineer, Irrigation Sub Division, Malappuram, the 6^th respondent in the writ petition filed a counter affidavit stating inter alia that the Public Works Department has come up with a proposal to construct a retention wall to protect the Areacode bridge and the proposal includes the petitioners’ land which is within 80 meters from the bridge. However, the design prepared was found unsuitable, and steps are being taken to proceed with Gabion Wall designing. The same is under the consideration of PWD Regional Design Office, Kozhikode and Ext.R6(C) communication in this regard has been produced.

4. In the light of the counter affidavit filed by the 6^th respondent, this Court disposed of the writ petition with a direction to respondents 6, 9 and 12 to finalize the proposal in Ext.R6(C) within a period of one month from the date of receipt of a copy of the judgment. This Court further directed that, once the design is finalized pursuant to Ext.R6(C), the construction of the retaining wall shall be completed within a period of six months thereafter. This Court also ordered that the 5^th respondent, the Chairman of the District Disaster Management Authority shall ensure that the construction of the retaining wall is executed and completed exercising his powers under Section 30 of the Disaster Management Act , 2005.

5. Since the directions in the judgment were not complied with, the writ petitioners filed Contempt of Court Case No.528 of 2023 on 28.02.2023. The Assistant Executive Engineer, Irrigation Division, the 6^th respondent filed I.A. No.1 of 2023 in the writ petition on 19.07.2023 seeking extension of time by 7 months to comply with the directions in the judgment. In the affidavit filed in support of the said application, it is stated that the Chief Engineer, Irrigation and Administration has submitted estimate for the work “Protecting the Left Bank of Chaliyar River at Down Stream of Areacode Bridge in Areacode Panchayat” for administrative sanction to the Government and that the work can be executed on receipt of sanction from the Government. It is during the pendency of Contempt of Court Case, this review petition is filed on 01.11.2023.

6. In the review petition, it is contended inter alia that the proposal for construction of retaining wall is confined to the bridge alone and does not cover the land of the writ petitioners and that the statement made before this Court regarding Ext.R6(C) by the Irrigation Division is without the concurrence of PWD. It is further stated that as per Annexure 2, PWD inten