(1.) Hrishikesh Roy, Ag. CJ The petitioners are concerned with protection of the Wayanad area, where quarrying activities have significantly depleted the ground water and other natural resources. The District Disaster Management Authority (DDMA) under its orders on 24.3.2017 (Ext.P3) noted that Wayanad is lying in zone-III i.e., Moderate Damage Earthquake Risk Zone. The authority also found that on account of the manipulation/disturbance to the land structures through quarrying and blasting operation, destabilisation of rock masses could lead to serious consequences. With such understanding, the power under Section 30(1) of the Disaster Management Act, 2005 was invoked by the DDMA to prohibit quarrying, mining and crusher unit activities, in the areas specified in the order.
(2.) The above order came to be challenged by the quarrying operators through W.P(C).No.21821 of 2017. The learned Single Judge after due consideration of the grievances raised, ordered for disposal of pending Ext.P4 application by the State Disaster Management Authority.
(3.) Following the above said direction, Ext.P5 order was passed on 27.3.2018 by the Disaster Management Department, whereby sanction was accorded to DDMA to engage either of the three agencies to study during the monsoon season, the landslide probability in the concerned area. Subject to the report received, the DDMA, Wayanad is required to take fresh decision on the basis of the expert opinion. Until such decision is taken, Ext.P3 prohibitory order was directed to prevail, until September, 2018.