Introduction:

In a recent ruling, the Kerala High Court delineated the boundaries within which the District Disaster Management Authority (DDMA) can designate ‘landslide prone areas’. The court intervened in a case where the DDMA expanded the definition without approval from the State Disaster Management Authority (SDMA), affecting a petitioner’s request for a change in occupancy from residence to a homestay in Wayanad.

Arguments:

The petitioner’s plea for a change in occupancy was denied due to the house being within 500 meters from a high-hazard zone marked by DDMA. DDMA expanded the ‘landslide prone area’ definition without SDMA’s approval. The petitioner argued that this zone was marked as safe in the zonation map prepared by DDMA. The DDMA contended that allowing a homestay in a landslide-prone area could pose difficulties during emergencies. The SDMA stressed that DDMA cannot unilaterally extend the buffer zone without scientific basis and SDMA’s endorsement.

Court’s Judgement:

The court emphasized that the DDMA’s plan must align with the National and State Plans, approved by the SDMA. It clarified that high-hazard zones prohibit construction. The court highlighted the absence of SDMA’s approval for extending the ‘landslide prone area’ definition, specifically to include areas within 500 meters of the high-hazard zone. The court quoted the Panchayat Secretary, affirming the lack of consensus with the State Plan. Additionally, the court established that a change of occupancy did not entail new construction, allowing the petitioner’s plea.