Showing posts with label
disaster management authority.
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Showing posts with label
disaster management authority.
Show all posts
As has been noted, the approach of the Disaster Managing Authority is three folded, emergency measures, long term measures and hybrid measures. Emergency measures and hybrid measures would arise only when disaster is in immediate vicinity or during the period of disaster. The situation referred in Section 65 of the DM Act is sine qua non for exercise of power for emergency or hybrid measures. In the absence of such situation, any exercise of power intermeddling with premises or land in which persons have ownership or possessory right or occupancy right will be illegal and arbitrary. In the absence of emergency measures, the Authority can alone resort to long term measures either to prevent or to build up capacity. If disaster is not in the immediate vicinity, the Authority cannot resort to provisions under Section 65 of the DM Act to dispossess or evict a person from the premises. While taking long term measures, if the premises belongs to private persons, the remedy of the Authority is to resort to the provisions under the Land Acquisition Act. If the premises is Government land, the Authority is free to invoke the provisions under the Land Conservancy Act to evict such persons. There is no provision in DM Act conferring the power to the Authority to decide upon the proprietary interest of the person in the premises, land or property. The Authority is only empowered to act upon measures envisaged under the DM Act and not with respect to the right or interest of the persons in the real property.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
W.P. (C) Nos. 26246, 26377 and 28130/2015
Decided On: 23.09.2015
Karimpanal Arcade Owner's Welfare Association Vs. State of Kerala and Ors.
Hon'ble Judges/Coram:
A. Muhamed Mustaque, J.
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