The Kerala High Court on Wednesday held that the takeover of residential buildings for COVID First Line Treatment Centres (CFLTC) by the district administration was permissible under the Disaster Management Act.
Justice N. Nagaresh, while dismissing a petition against the takeover of an apartment complex in Kannur for a CFLTC, observed that under Sections 34 and 65 of the Disaster Management Act, the district authority was vested with the powers to take over a building in response to any threatening disaster and take such other steps as may be required in such a situation. COVID-19 fell within the ambit of “disaster” as defined under Section 2(d) of the Act.
The petition was filed by S.V. Mohammed Haris and another person, challenging the Kannur district administration’s order taking over their apartment complex at civil line, Kannur. According to them, a takeover was not contemplated in the guidelines issued by the Local Self Government Department. In fact, the guidelines allowed only the takeover of closed hospitals, lodges, resorts, Ayurveda centres, training centres, schools and colleges, auditoriums, community halls, and buildings belonging to religious and community organisations. The petitioners argued that the takeover was illegal for want of notice to all.
Dismissing their contention, the judge observed that the dreaded pandemic, COVID-19, was “presently spreading in gargantuan proportions in the State.” What was affected by the pandemic was the right to life of the citizenry as a whole. In such a situation, the State government could not be expected to issue individual notices to all apartment owners.
The court said, “An order validly made in accordance with the Disaster Management Act, 2005, cannot be interfered with even if there had been any transgression of any guidelines laid down by the government.”
Kannur Correspondent writes: Earlier, flat owners at Z Plus Apartments had approached the court against Kannur District Collector T.V. Subhash’s order to take over 48 flats adjoining the Kannur District General Hospital to convert it into a CFLTC in accordance with Sections 34 and 63 of the Disaster Management Act, 2005.
The owners had alleged that the decision was taken without following proper procedures or issuing a notice. Subsequently, the court had stayed the move.
