Grant of compensation for rehab victims a policy decision, says Kerala HC

The court orally observed that unlike in the case of land acquisition, the residents do not have a right. No obligation could be attributed to the state.
Kerala High Court.
Kerala High Court.(File Photo | A Sanesh, EPS)
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KOCHI: Kerala High Court on Thursday declined to interfere in a plea seeking to enhance the compensation announced by the state government to rehabilitate the survivors of the deadly landslides that hit the hilly areas of Wayanad last year.

The court orally observed that the survivors, who want to opt out of the proposed township, cannot demand more money than what the state government has offered as it is not something that they can ask for as a right.

The Bench comprising Justice A K Jayasanakran Nambiar and Justice Easwaran S made the observation when a suo motu case registered in the wake of the Wayanad landslides came up for hearing.

The court orally observed that unlike in the case of land acquisition, the residents do not have a right. No obligation could be attributed to the state. It was a natural disaster and as a welfare state, the state has certain funds and it is using the money not only for the benefit of one or two persons but for all those affected by the landslides.

There has to be an equitable distribution of resources and money. The state cannot look into the individual preferences of some survivors. “It is a humanitarian gesture by a welfare state. With the available resources, the government has to distribute the resources equitably. Therefore, individual preference has to take a back seat,” it said.

Senior advocate Ranjith Thampan, amicus curiae, sought a directive to the state government to consider the demand for enhancement of the amount being announced for those who want to live outside the proposed township to Rs 40 to 50 lakh from Rs 15 lakh.

He submitted that many survivors had informed him that the amount was grossly inadequate since they had not only lost their residential houses but also their livelihood. The amicus curiae also sought a directive to the government to ensure speedy removal of debris accumulated in the affected areas including from rivers.

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