Kerala HC refuses to lift ban on Munnar glass bridge, asks Collector to decide

The Kerala High Court has directed the District Collector of Idukki to take a decision on the reopening of the glass bridge in Munnar, which was constructed without obtaining a permit from the Kerala Adventure Tourism Promotion Society.

A Division Bench comprising Justice Gopinath P and Justice Johnson John issued the direction while considering an appeal against an interim order of a Single Judge, who had refused to stay an order prohibiting the use of the bridge.

The Single Judge had observed that no sanction had been granted to regularise the construction and declined to stay the order, citing public safety concerns. The prohibition order had been issued by the District Collector in his capacity as Chairperson of the District Disaster Management Authority, noting that the bridge was built without the required permits from the Society.

Senior counsel George Poonthottam submitted that a safety study of the glass bridge had been conducted by the National Institute of Technology, and that the Society, through a communication dated April 16, had reported the structure to be safe for public use.

The standing counsel for the Pallivasal Grama Panchayat submitted that permission from the panchayat had also not been obtained prior to construction.

Taking note of the submissions, the Division Bench observed that the Single Judge was justified in refusing interim relief. “We are of the opinion that the learned Single Judge was right in refusing the interim relief staying the operation of Ext.P16, as any permission to use the glass bridge would involve issues of public safety,” the court said.

However, the Bench directed the District Collector to take a final decision after considering subsequent developments and after hearing the appellants, the Panchayat Secretary and the Kerala Adventure Tourism Promotion Society.

The court directed that a decision be taken within one month.
(With LiveLaw inputs)