Allow Cookies!
By using our website, you agree to the use of cookies
In a recent Writ Petition No, 12935/2020, the Kerala High Court has ruled that “Even in calamity, authorities must act in fairness”. The single judge bench of Justice Anu Sivaraman has stayed a move of the administration on 30th June 2020 which aimed at turning an apartment complex into COVID-19 Treatment facility. The order passed by the district collector lacks any reasoning as to why such a move is required, further it is also a very hasty decision and no notice has been issued to the owners of the apartment regarding the reasons. (S.V. Mohammed Haris v. District Collector Kannur)
According to the judge the order also does not reveal whether other viable options have been explored or not. According to M Sasndran, the advocate on behalf of the petitioners, the resident building is being taken over hastily and alternate places such as hostels, hotels, public buildings have not been considered as an option. The respondent submitted that the order invokes the “extraordinary power under the Disaster Management Act, 2005, due to the rising number of cases of COVID-19. It has also been submitted that the hospitals have shortage of beds and that is why such urgent measures have been taken to tackle the situation.
The court acknowledged that the act empowers the administration to take over private properties for relief work, but further observed that public interests and right of owner over the property have to be balanced even when the situation calls for urgent steps to be taken. “It is worth remembering that in times of calamity as in all other situations, actions of statutory authorities require to be guided by principles of fairness and lack of arbitrariness, especially where the individual rights of citizens are involved”. The court has granted the liberty to the administration to call upon powers under the Disaster Management but after putting the owners to notice and after hearing and considering the objections raised by them.
86540
103860
630
114
59824