PRASAD Vs. SECRETARY, MINISTRY OF ENVIRONMENT

JUDGEMENT

(1.) This Public Interest Litigation was filed in November 2021 for a direction to Respondent No. 5 - the Chief Secretary, Government of Kerala, Respondent No. 9 - the Secretary, Department of Irrigation, and Respondent No. 12 - the Managing Director, Kerala State Electricity Board, to submit a sedimentation study report of the dams, reservoirs, and rivers in the State of Kerala.

(2.) The Petitioner has referred to the provisions of the Disaster Management Act, 2005, which deal with the establishment of a State Management Authority and the measures to be adopted for the prevention and mitigation of disasters. Reference is also made to the Kerala Irrigation and Water Conservation Act, 2003 and the Kerala Panchayat Raj Act, 1994, to emphasise the statutory duties. The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 also provides for the protection of river banks from large-scale dredging of river sand and periodical measurement of the quantity of sand.

(3.) The petition is filed in the year 2021 primarily referring to the severe floods that affected the State of Kerala during August 2018 and the subsequent monsoon years of 2019 and 2020. According to the Petitioner, the desiltation of dams and rivers has increased the likelihood of severe floods. Counter affidavits/statements were filed by Respondent No. 9 on 11/1/2022, and Respondent No. 12 on 17/2/2023. The learned Senior Government Pleader pointed out that the State has taken various measures and continues to do so.