The Kerala High Court today has issued slew of directions regarding steps to be taken to tackle the monsoon which two years ago had spread havoc across the state.
A petition on the matter has been pending before the Kerala High Court for a few years with issuance of several orders from time to time, the petitioner however filed an interim application to get Court’s attention as the present concern is one of imperative urgency that hasn’t been encountered before, as it is almost at the doorsteps.
The petition states that impact of an eventuality of flooding this year, requires to be more and more restated – since Covid 19 preparedness is inextricably connected to preparedness against flooding.
The preparedness of the civic authorities and the District Administration to control this danger is more critical this year because of the outbreak of Covid 19 which may make it logistically impossible to move citizens to safer places like Relief Camps, as had been in the last two years, due to the social distancing requirements put in place by the Central Government and the State Government.
The Government Pleader submitted before the Court that under the “Operation Breakthrough” project spearheaded by the District Administration, most of the works under Phase I will be completed soon and that the remaining works under Phase II will be completed before the monsoons.
The Counsel for the Corporation of Kochi, submitted that the Corporation has now commenced the work of desilting and removal of blockages in the drainage system and the canals. He added that these works had been stopped for the last few weeks because of the lock-down, but that it has now restarted with the permission of the District Collector, and most of the works will be completed by the end of May, 2020.
It was also submitted before the Court that the District Administration is also co-operating with the Corporation in ensuring that the canals and the drainage systems are kept ready for the monsoons and no specific directions are required from the Court as of now.
The Counsel supporting the cause of maintenance of the Perandoor Canal and residents of the areas next to it, stated that unless the Court issues urgent orders directing the Perandoor canal to be kept clean and ready to receive large rainfall this year, a virtual catastrophe will become a reality. The stand of the Corporation that they will start cleaning of the Perandoor canal after 15th of May should not be accepted as according to weather reports, the monsoons may hit Kerala earlier this year.
Justin Devan Ramachandran observed that its evident that all the stakeholders are aware of the gravity of the situation as all the counsels who appeared before the Court confirmed that unless the State, District Administration and the Corporation of Kochi prepares itself for flood control this year, it’s effect, along with compact of Covid-19 epidemic would become unbearable.
The Court held a firm view that all the Authorities, including the State Administration and the Corporation, need to act as a unified one to ensure that necessary results are effectuated, without any unnecessary delay or hindrances. They should not be constrained by rigid protocols or formalities, since we must expect that the monsoons will arrive in Kerala in less than a month from today.
The Court has directed both the District Administration and the Corporation of Kochi to act urgently and sincerely to make sure that the health and safety of the citizens of the State are not in any manner affected on account of the fast approaching monsoons. The District Administration, acting under the provisions of the Disaster Management Act must ensure that the canals and drainage are cleaned and desilted before the monsoons, to ensure that there is no impediment of flow of water in the event of a larger than usual rainfall.
The High Court has directed both the District Administration and the Corporation of Kochi to work with the Area Manager of the Southern Railways, ensuring that all necessary works with respect to desilting and smooth flow of water through the drainages and the canals of the city are completed within specific time frames
The Court has scheduled the next hearing for May 12th before which all stakeholders have been directed to inform the court the action that has been taken by them in terms of the observations to enable the court to prepare steps to be taken in the future.
-India Legal Bureau