Kerala HC Closes 2018 Flood PILs, Citing New State Dam Safety Protocols and Directs Newly Formed Authority to Review Pending Suggestions - 2025-09-26

Kerala High Court Closes Batch of PILs on 2018 Floods, Cites State's New Safety Measures

KOCHI: The Kerala High Court on Friday closed a batch of sixteen Public Interest Litigations (PILs), including a suo motu case, filed in the aftermath of the catastrophic 2018 floods. A Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji concluded the seven-year-long proceedings, observing that the State government has since implemented substantial measures to improve dam management and disaster preparedness, thereby addressing the core concerns raised by the petitioners.

The Court has directed that the case files be forwarded to the newly constituted State Dam Safety Organisation to consider any outstanding suggestions for future safety protocols.

Background of the Case

The petitions were filed in 2018, alleging that the unprecedented devastation caused by the August floods was exacerbated by mismanagement in the operation of Kerala's dams. The petitioners, including prominent organizations and individuals, sought a judicial inquiry into the causes of the flood and the implementation of robust, scientifically-backed protocols to prevent a recurrence.

The court had appointed Advocate Jacob P. Alex as Amicus Curiae to assist in the matter. His 2019 report was critical, highlighting that none of the state's 79 dams were operated for flood control, reservoir levels were kept dangerously high, and there was a lack of integrated operation, proper rule curves, and effective flood warnings.

Court's Rationale and State's Submissions

After being on board last in 2019, the cases were heard again in 2025. During the hearing, the counsel for all parties, including the Amicus Curiae, agreed that significant developments have taken place over the intervening years.

The judgment heavily relied on the progress detailed in a separate suo motu case, W.P.(C) No.10543 of 2020, which was disposed of in February 2025. In that case, the State government had placed on record its comprehensive disaster management strategy, which includes:

• Multi-Level Preparedness: Annual pre-monsoon review meetings chaired by the Chief Minister, Chief Secretary, and State Relief Commissioner.
• Rule Curve Monitoring: A dedicated committee to regulate water levels in dams based on established rule curves.
• Standard Operating Procedures: Publication of the "Orange Book for Disaster Management – 2," which provides clear guidelines for issuing alerts and coordinating actions between the KSEB, Irrigation Department, and District Disaster Management Authorities.
• Technological Integration: Implementation of an advanced early warning system, "KaWaCHAM," which integrates geospatial data, hazard maps, and real-time sensor data for accurate forecasting and alert dissemination.

The Bench noted, " it is to be noted that substantial steps have been taken by the State post-2020 when this suo motu Public Interest Litigation was initiated... The Court's main concern was to ensure a proper system to manage the situation, not to take over the functioning of disaster management authorities. "

Role of the New Dam Safety Organisation

A pivotal development highlighted by the court is the establishment of the State Dam Safety Organisation on November 7, 2022, under the central Dam Safety Act, 2021. This statutory body, headed by the Chief Engineer of KSEB Ltd., is now the designated authority for overseeing dam safety and operational plans.

The court determined that this new organisation is the appropriate body to address any remaining technical and operational issues.

Final Decision and Directions

While acknowledging that some petitions had sought a formal inquiry into the 2018 events, the Court referred to its earlier order from November 14, 2018, which had limited the scope of the PILs to " the management of dams to prevent recurrence of flood devastation in future. "

Concluding that this objective has been substantively met through the State's new frameworks, the Bench issued the final direction:

" ...it would be appropriate that the record files of these petitions be placed before the State Dam Safety Organisation to examine whether any suggestions of the Petitioners as regards the dam safety require consideration. "

With this direction, all sixteen PILs were closed. The Court also placed on record its appreciation for the valuable assistance provided by the Amicus Curiae throughout the proceedings.