2014 /21178/12 /H3 Collectorate, Wayanad Date: 30.6.2015 Proceedings of the Chairman, District Disaster Management Authority and the District Magistrate, Wayanad (Present: Keshvendra Kumar IAS) Wayanad district situates at the southern tip of the Deccan Plateau. Wayanad is placed at an altitude of 700 to 2100 metre from the MSL. The terrain is dominated by the presence of Western Ghat mountains like the Chembra Peak which is 2100 metres in altitude, Banasura Peak (2073 m in altitude) and Brahmagiri (1608 m in altitude). A major portion of the district is forest. The landscape includes ridges, valleys and slopes apart from rivers and streams. 2. In a high altitude area like Wayanad, particular care shall be exercised to protect the land and its population from the threat of natural disasters. Geological peculiarities of Wayanad pose threat of earthquake and landslide. The recent landslides occurred in Uttarakhand (during the month of June 2013 ) and Pune (at Malin, on 30 July 2014) clearly shows the fatality and peril of landslides. The recent earthquake of Nepal aemonstrates the catastrophic devastation capability of an earthquake. So in public interest, it is pertinent and inevitable to take proper action for safeguarding the district from earthquake and landslide. 3. Hon'ble High Court of Kerala held in its judgment in 'Thilakan V/s Circle Inspector of Police and others' dated 23.10.2007 (2008(1) KLT 141) that "'The concept of sustainable development is now part of our environmental law, in view of various decisions of the Apex Court. The competing claims of the present generation for development and also the claims of future generations to inherit a healthy environment have to be balanced. While exploiting the resources, the capacity of the environment to repair and replace, has also to be taken note of. If a tree is cut and removed, for Gnother tree to grow to the same size, it may take several years. If a bucket of soil is removed, to generate the same, the earth may take a few hundred years. The same is the case of other natural resources also. The length of time only varies. The revenge of mother earth has started displaying in tho form of earth quakes, tsunamies, unusually wild cyclonic storms etc. Therefore, it is high time that we think of putting a stop to the defiling and degrading of mother earth 4. In the same judgment the Hon'ble High Court held that the 'Precautionary principle' is part of Environmental legislation in India. 5. The Hon'ble Supreme Court of India held, in its judgment in Veliore Citizens' Welfare Forum vs Union of India ((1996) 5 SCC 647) that 'Some of the salient principles of 'Sustainable Development' as culled from Burtland Report and other international documents, are Inter- Generational Equity, Use and Conservation of Natural Resources, Environmental Protection, the Precautionary Principle, Polluter Pays Principle, Obligation to Assist and Co-operate, Eradication of Poverty and Financial Assistance to developing countries. We are, however, of the view that The Precautionary Principle and the Polluter Pays Principle are essential features of Sustainable Development'. The 'Precautionary Principle ' in the context of the municipal law - means : (i)Environmental measures - by the State Government and the statutory authorities- must anticipate, prevent and attack the causes of environmental degradation. (ii) Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. (iii) The 'onus of proof is on the actor or the developer/industrialists to show his action is environmentally benign.' 6. The presence of high rise buildings poses threat to the environment and for the safe and peaceful living of citizens in Wayanad. The hon'ble High Court of Kerala has held that Precautionary Principle is part of Environment Legislation in India. The Hon'ble Supreme Court has held that Precautionary Principle mandates that the Statutory Authority must anticipate, prevent and attack the causes of environmental degradation; and that lack of scientific certainty should not be used as a reason for postponing prevention measures when there are threats of serious and irreversible damage. In the instant case, high rise buildings are posing threat to environmental sustainability of Wayanad district. It is a cause of environmental degradation. Presence of high rise buildings in a high altitude landscape can cause landslides and earthquakes. The threat is serious and devastating as it will cause destruction of human life, flora and fauna along with the collapse of surrounding landscape, in case of a landslide or earthquake. The Hon'ble court made it clear that lack of scientific certainty is not a valuable reason for postponing action to prevent damage. A landslide or earthquake will surely result in destruction of life. The lives of people of Wayanad is facing threat from landslide or earthquake, as a result of the presence of High Rise buildings. 7. Section 30(2) (iii) of the Disaster Management Act 2005 (Act 53 of 2005) empowers the District Disaster Management Authority (DDMA) to take action for ensuring proper measures are taken for the prevention of disasters. Section 30(2) (v) further empowers the DDMA to issue direction to different authorities at district level and local authorities to take such other measures for the prevention of disasters. 8. In this circumstance, in the DDMA meetings dated: 27/05/15 and 17/06/15, it is held that in the interest of preventing disasters, it is necessary to control and regulate the presence of high rise buildings in the district. So, in exercise of the power of District Disaster Management Authority as aforesaid, the following orders are issued. ORDER 9 . Under sections 30 (2) (iii) and 30(2)(v) of the Disaster Management Act, 2005 (Act 53 of 2005) order is hereby issued to the Secretaries of all Grama Panchayats and Municipality in Wayand district ,the District Town Planner, Wayand, The Environmental Engineer, Pollution Control Board, Wayanad to ensure that i. Not to issue permit for construction of any building, if the height of such building exceeds the measurements specified in Table A, herebelow. TABLE A SI Geographic Area Maximum Height of the No building including underground constructions, if any 1 Lakkidi area of the Vythiri Grama 8 metres Panchyat comprising the whole of (Limited to Maximum Two Kunnathidavaka village Floor levels) 2 Municipality Areas 15 metres (Limited to Maximum Five Floor levels) 3 All other areas in the district 10 metres which are not specified in serial (Limited to Maximum numbers 1,2 above Three Floor levels) These heights limits are for construction in flat and low slope land. Whenever land is with high slope, height can be further restricted based on structural safety report by Authorities empowered to issue building permit. ii. To get the construction of any building; of which the permit for construction is already issued, which is being or proposed to be constructed in contravention of the two conditions given in sub-paragraph (i) above; be restricted to the levels mentioned here above if it has not already crossed the . specified limits; and be stopped at the - present levels wherein' the construction has already crossed the- specified - limits: - iii. In case of any dispute/objection/claim being raised by any person with respect to the specification given in Table A, get it examined by a Core Committee constituted as given below in Table B. The Core Committee is empowered to inspect the building and verify facts regarding construction. The Core Committee will inspect the building construction to verify whether it complies with the specifications provided in table A. Table B Core Committee Members SI Member No 1 Additional District Magistrate & Deputy Collector (General), Wayanad 2 Executive Engineer, PWD Buildings, Kalpeta 3 District Town Planner, Wayanad 4 District Soil Conservation Officer, Wayanad 5 District Geologist, Mining and Geology District Office, Wayanad 6 Divisional Forest Officer, North Wayanad Division, Mananthavadi 7 Divisional Forest Officer, South Wayanad Division, Kalpeta 8 Wildlife Warden, Sulthan Bathery 9 Tahsildar, Sulthan Bathery 10 Tahsildar, Vythiri 11 Tahsildar, Mananthavadi 12 Deputy Director of Panchayats, Wayanad 13 Secretary, Municipality, Kalpeta (Note: Officers listed at serial number 6 to 13 in Table B shall be called upon to inspect the building which comes under their respective administrative jurisdiction only. The Quorum of the Core Committee will be 3. The Additional District Magistrate & CEO, DDMA will be the Chairperson of the Core Committee.) v. If for any public purpose of the Government or for any other significant public purpose, it is felt that relaxation in the limits specified vide this order is necessary, the same will be considered and decided by the Chairman, District Disaster Management Authority, based on report and recommendation of Core Committee mentioned above. 10. This order shall be enforced and executed with immediate effect. Given under my seal and signature on this the 30t h day of June 2015. Keshvendra Kumar IAS) Chafrperson, DDMA, District Collector & District Magistrate, Wayanad To 1. Secretaries of All Grama Panchayats and Municipality in Wayanad district 2. The District Town Planner, Wayanad 3.The Environment Engineer, Pollution Control Board, Wayanad 4.Additional District Magistrate & Deputy Collector (General), Wayanad 5.Executive Engineer, PWD Buildings, Kalpeta 6.District Town Planner, Wayanad 7.District Soil Conservation Officer, Wayanad 8.District Geologist, Mining and Geology District Office, Wayanad 9.Divisional Forest Officer, North Wayanad Division, Mananthavadi 10.Divisional Forest Officer, South Wayanad Division, Kalpeta 11.Wildlife Warden, Sulthan Bathery 12.Tahsildar, Sulthan Bathery 13.Tahsildar, Vythiri 14.Tahsildar, Mananthavadi 15.Deputy Director of Panchayats, Wayanad Copy to 1. The Sub Collector, Mananthavadi 2. The District Police Chief, Wayanad 3. All Village Officers in Wayanad district .