Court Rules Executive Orders Cannot Override Statutory Provisions; Ensures Rent Payment for Entire Period of Possession
In a landmark judgment, the Kerala High Court has reinforced the statutory provisions under the Disaster Management Act, 2005, ensuring full compensation for premises requisitioned during the COVID-19 pandemic. The judgment was delivered by Justice Viju Abraham on February 10, 2026, in the case of N. Rajendran v. State of Kerala. The petitioner, N. Rajendran, owner of a lodging house with 25 rooms in Kayamkulam Municipality, contested the compensation awarded for his premises requisitioned by the District Disaster Management Authority for COVID-19 quarantine purposes.
The court emphasized that compensation must be determined based on the rent payable for the premises, as mandated by Section 66 of the Disaster Management Act, 2005, irrespective of actual occupancy. The judgment categorically stated that executive orders, such as the government order limiting compensation to 14 days or based on actual occupancy, cannot modify statutory provisions.
Justice Abraham highlighted that the lodging house was under the possession of the Disaster Management Authority for 155 days, from June 2, 2020, to November 3, 2020. Despite the government's stance to limit compensation based on occupancy, the court ruled that the owner is entitled to full rent for all rooms requisitioned during the entire period. The decision aligns with the statutory requirement that compensation be based on the rent payable, ensuring the petitioner receives Rs. 500 per room per night for the entire duration of possession.
The judgment draws support from precedents, including decisions from the Kerala High Court and Uttarakhand High Court, underscoring the supremacy of statutory law over executive orders. The court reiterated that Section 66 of the Disaster Management Act does not condition compensation on actual usage, thus safeguarding the interests of property owners during requisition by authorities.
This ruling not only provides relief to the petitioner but also sets a precedent for similar cases, reaffirming the legal principle that executive orders cannot undermine statutory mandates. The court directed the respondents to pay the balance compensation to the petitioner, with interest, within one month from the date of the judgment.
Bottom line:-
Compensation for requisitioned premises under the Disaster Management Act, 2005 must be determined based on the rent payable for the premises, irrespective of actual occupancy, and cannot be limited or modified by executive orders.
Statutory provision(s): Disaster Management Act, 2005, Section 66
N. Rajendran v. State of Kerala, (Kerala) : Law Finder Doc id # 2880532
