Wayanad landslip: Kerala HC orders immediate ex gratia for victims' families, free treatment for injured

Following the recent landslip at the Wayanad tunnel project site, the Kerala High Court on Friday directed the state government to immediately disburse ex gratia compensation to the victims and bear the hospitalisation and treatment expenses of the injured until their discharge.

The court also ordered the authorities to hand over the bodies of the deceased to their families without delay.

The landslip occurred on July 7 at the Anakkompoyil-Meppadi tunnel project site, which is intended to connect Wayanad and Kozhikode districts.

A status report submitted by the state government was placed before Justices A K Jayasankaran Nambiar and Preeta A K. After perusing the report, the Bench sought details on the number of fatalities and the status of the recovery and identification of the bodies.

Responding to the court, the Member Secretary of the Kerala State Disaster Management Authority (KSDMA) said the authority had contacted the respective district administrations and that some family members had already arrived. The official added that the bodies were being embalmed after post-mortem examinations and arrangements were being made to transport them.

The court then directed the authorities to expedite the process.

"See that the bodies are repatriated to the relatives. They have other rituals to be done. There should not be any delay in handover," the Bench observed. On the condition of those injured, the KSDMA informed the court that many were undergoing treatment and that the government had already announced certain ex gratia payments.

The court directed the state to ensure that no injured person was asked to pay for treatment until discharge. "Ensure that the treatment happens without insisting on any payment from them till discharge from the hospital. Care should also be taken of the bystanders. Expenses will be incurred by the government for now, and all the costs, including ex gratia, treatment and hospitalisation expenses, will be charged to the project. Ultimately, we will decide whether it has to be recouped from them or not," the court said.

The KSDMA also updated the court on the search for the missing persons, stating that excavation resumed on Friday morning using heavy machinery. However, due to the slushy terrain, rescue workers were also manually searching the site to locate the missing at the earliest.

The Bench further directed the government to ensure the immediate disbursal of all announced ex gratia compensation.

"Just ensure that the ex gratia amount to be paid to the family of the deceased, as also to the family of the injured, if any has been announced, is disbursed immediately. We will decide on that later; for the time being, treat it as a charge on the project. Give us another report by next week," the court said.

The court was also informed that instructions to halt construction activities at the project site had been issued in May. It sought an update on those still missing following the incident and directed the authorities to keep their families informed.

Stating that it would continue to monitor the matter on a weekly basis, the High Court posted the case for next Friday. It emphasised that the state must comply with its directions, particularly those relating to the prompt disbursal of ex gratia compensation.

The court was hearing suo motu proceedings initiated after the devastating 2024 Wayanad landslip, which caused widespread loss of life and property. It is now also monitoring the response to the landslip that occurred at the tunnel project site earlier this week, alongside the rehabilitation measures undertaken by the state government and assistance provided by the Centre.

(With LiveLaw inputs)