KOCHI: The Kerala High Court on Thursday initiated a case suo motu regarding the Wayanad landslide that devastated two villages and claimed several lives. The case will come up before the Bench on August 9.
The court observed that it was now time for the state government to reconsider its policies with regard to the regulation of all developmental activities in the state that may contribute to environmental degradation and loss of biodiversity. The state government has to remind itself of its role as a guardian of the natural resources within the state and introduce measures to check the indiscriminate developmental activities being permitted within the state. Towards this end, the government has to keep in mind the doctrine of public trust, which was developed as a legal theory by the ancient Roman Empire and was founded on the idea that certain common properties such as rivers, seashores, forests and air were held by the government in trusteeship for the free and unimpeded use of the general public.
A Division Bench comprising Justices A K Jayasankaran Nambiar and Syam Kumar V M took the decision when the cases connected with the quarrying and construction activities in Wayanad came up for hearing.
The court observed that the government should first evolve a comprehensive policy on the developmental activities that could be permitted in different areas of our state. It should thereafter examine, on a case-to-case basis, whether there is a need to grant any licence/permit for any developmental activity in a particular area concerned or to renew such licence/permit, taking into account the inherent nature of the land, the availability of natural resources, the report of the biodiversity boards, and the impact that any such activity would have on the ecological balance of the region and other environmental factors.
The court said the resources were deemed to be of such great importance to the people as a whole that it was seen as wholly unjustified to make them the subject of private ownership.