Supreme Court - Daily Orders
Keshar Singh Panwar vs State Of Uttarakhand . on 19 May, 2014
Author: B.S. Chauhan
Bench: B.S. Chauhan
¸s IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 415 OF 2014
KESHAR SINGH PANWAR & ORS. .....PETITIONER(S)
VERSUS
STATE OF UTTARAKHAND & ORS. .....RESPONDENT(S)
ORDER
This petition, in public interest, is filed by the petitioners herein seeking directions of this Court to the respondents, inter alia, to prepare in advance for the natural calamity that may occur in the State of Uttarakhand as soon as the rains start to pour in and also to implement the schemes and programmes in view of the natural calamities that hit the State in the years 2012 and 2013 that caused widespread loss of lives and property. The petitioners claim that they are the persons who are renowned social activists in the State of Uttarakhand. Petitioner No.1 is a resident of Asi-Ganga Valley in Uttarkashi, which is the worst affected valley in Char-Dham. He has been actively involved in social and political activities for a long time Writ Petition (Civil) No. 415 of 2014 Page 1 and has now been struggling against the corruption. Petitioner Nos. 2 to 7 are also the residents of Uttarakhand. Petitioner No.8 is currently a doctoral fellow in the Jawarharlal Nehru University, New Delhi and claims that he is an active member of Ganga Ahvaan. It is stated in the petition that despite the recent tragedy which affected the Chaardham area of Uttarakhand, where in June 2013 the area around Yamunotri, Gangotri, Kedarnath, Badrinath and Nandadevi Biosphere Reserve/National Park received heavy rainfall and the consequential catastrophic flood originating from Chorabari lake outburst in conjunction with massive landslides and flash-floods principally in Mandakini, Upper Bhagirathi, Yamuna and Alaknanda basins leading to a large scale calamity which resulted in a huge loss of human lives and property, the lessons have not been learnt either by the State Government or the Central Government.
2) According to the petitioners, as the authorities have not prepared themselves adequately to deal with the possible tragedy, if it occurs, the situation is such that should the rains commence on time in the last week of June 2014, a huge tragedy may well unfold taking many lives and destroying property once again as happened last year. The Writ Petition (Civil) No. 415 of 2014 Page 2 petitioners have also referred to various orders passed by this Court in the case of Alaknanda Hydro Power Company Ltd. v. Anuj Joshi & Ors., (2014) 1 SCC 769, and the grievance is that in spite of those orders, adequate measures have not been taken by the authorities. In this petition, therefore, the petitioners urge upon this Court to give specific directions to the Indian Army, Border Roads Organisation and the State authorities to immediately, on a war footing, carry out the public works in the first instance, in accordance with the crisis public works listed in the prayer clauses and also to carry out the emergency public works required to be done, as mentioned in the various reports of the State authorities, which are referred to in the petition.
3) Notice of this petition was issued on May 09, 2014, returnable for today, which has been duly served upon the State of Uttarakhand as well as the Union of India. Mr. U.K. Uniyal, learned Advocate General, has appeared on behalf of the State of Uttarakhand and Mr. Mohan Parasaran, learned Solicitor General of India, has appeared on behalf of the Union of India. Learned Advocate General has stated that various projects are sanctioned and amount released for disaster and Writ Petition (Civil) No. 415 of 2014 Page 3 disaster related construction works in District Uttarkashi, which are as under:
(a) Approximately Rs.35 crores were released for distribution for ex-gratia to disaster affected persons and for immediate repair and restoration of works.
(b) Additional Rs.15 crores were released for various reconstruction works of emergent nature.
(c) Approximately Rs.60 crores sanctioned for construction of 16 bridges damaged by disaster. Out of which Rs.31 crores have been already released to NBCC. Construction works of these bridges are in full swing.
(d) Approximately Rs.120 crores sanctioned for flood protection works and construction of protection walls along both the banks of river Bhagirathi in Uttarkashi city. Approximately Rs.
25 crores have already been released to Irrigation Department. Construction works are in full swing.
(e) Besides, various departments as PWD, Irrigation, Drinking Water, Power etc. are carrying out reconstruction works out of district and State plan. Reconstruction works under the aegis Writ Petition (Civil) No. 415 of 2014 Page 4 Asian Development and World Bank are also been under taken in District Uttarkashi at large scale.
(f) Disaster reconstruction works under Special Plan Assistance and Centrally Sponsored Schemes are also been under taken at large scale.
(g) Every disaster affected person/family has been identified and suitably assisted by the Government and ex-gratia liberally enhanced by the State Government beyond what is admissible under the norms.
(h) Distribution of ex-gratia disaster affected person/family was carried out in most transparent manner and fortunately the Government has, so far, received no complaints in the distribution of ex-gratia.
4) Mr. Parasaran has also handed over a note highlighting the steps which have been taken by the Government. It is, inter alia, mentioned that an Inter-Ministerial Group (IMG) under the Chairmanship of Cabinet Secretary was constituted after the disaster in 2013 for drawing up a time bound action plan for supporting rehabilitation and reconstruction efforts in the State of Uttarakhand. The IMG comprises Writ Petition (Civil) No. 415 of 2014 Page 5 of Secretary level officers from Planning Commission, Home Ministry, Finance Ministry, Defence Ministry, Road and Transport Ministry and Environment Ministry etc. The IMG, in its meeting held on March 21, 2014, reviewed the restoration of roads damaged during the 2013 disaster and decided the following:
(a) BRO, MoRTH and the State Government would take all appropriate measures to complete the necessary restoration of National Highways leading to the Char Dhams, in order to ensure smooth conduct of Yatra in 2014. For this purpose, they will maintain complete coordination amongst themselves.
(b) BRO will focus further on the bad stretches brought to their notice by the State Government and take appropriate action.
(c) The State Government will provide full support to the BRO towards restoration of these roads. A High Powered Committee shall be immediately constituted by the State Government involving all the stakeholders and this Committee shall review the progress of works on a daily basis. Similar Committees shall be constituted at the district level under the Chairmanship of the concerned DMs.
Writ Petition (Civil) No. 415 of 2014 Page 6
(d) There will be no extension of timeline for transfer of the NHs
identified by BRO/MoD beyond March 2015. In order to ensure smooth transition, the State Government will prepare milestones, in consultation with the BRO, for taking over such roads. Secretary MoRTH will hold regular review meetings in this regard with the State Government and the BRO.
It is further mentioned that the Government of India has approved medium as well as long term reconstruction package to assist the State. This package includes giving of various assistance in the State, including huge financial assistance.
5) It is also pointed out by the learned counsel for the respondents that Writ Petition (Civil) No. 396 of 2013, titled ‘Ajay Bansal v. Union of India & Ors.’, was filed in this Court on almost similar lines. That writ petition was disposed of vide orders dated August 30, 2013 in the following manner:
"We had entertained this writ petition under Article 32 of the Constitution to ensure that rescue operations are properly carried out pursuant to the floods in the State of Uttarakhand.
After perusing the replies filed by the parties and after hearing the parties, we do not think it is necessary for us to continue hearing and passing orders in this writ petition.
Writ Petition (Civil) No. 415 of 2014 Page 7 The petitioner, however, may approach the concerned authorities including the National Disaster Management Authority for other reliefs.
With the above observations, the writ petition stands disposed of."
6) No doubt, the aforesaid writ petition was disposed of on August 30, 2013 giving liberty to the petitioner to approach the concerned authorities. It also appears from the responses of the State Government as well as the Central Government that some steps are being taken by the authorities in this direction. However, we are of the opinion that since the matter pertains to an area falling with the jurisdiction of the State of Uttarakhand, it would be more appropriate for the High Court of Uttarakhand to deal with this matter. It is more so when seven out of eight petitioners are the residents of that State.
7) We, therefore, transfer this writ petition to the High Court of Uttarakhand. Parties shall appear before the High Court on May 27, 2014. Record shall be transmitted by the Registry forthwith so that the High Court is able to conduct effective hearing on the date fixed. The State Government as well as the Union of India shall file their counter affidavits within one week. The High Court shall deal with the writ Writ Petition (Civil) No. 415 of 2014 Page 8 petition, in accordance with law, treating the same as one filed under Article 226 of the Constitution of India, and pass appropriate orders as it deems fit dealing with the issue as to whether the respondents have taken adequate steps or whether there are any further directions required in this behalf.
8) As far as this Court is concerned, the writ petition shall be treated as disposed of.
.............................................J. Dr. B.S. Chauhan, J.
.............................................J. A.K. Sikri, J.
New Delhi;
May 19, 2014.
Writ Petition (Civil) No. 415 of 2014 Page 9
ITEM NO.19 Court No.2 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 415 OF 2014
KESHAR SINGH PANWAR & ORS. Petitioner(s)
VERSUS
STATE OF UTTARAKHAND & ORS. Respondent(s)
(With appln(s) for directions and exemption from filing O.T. and office report) Date: 19/05/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE DR. JUSTICE B.S. CHAUHAN HON’BLE MR. JUSTICE A.K. SIKRI (VACATION BENCH) For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv.
Mr. Divya Jyoti, Adv.
Ms. Jyoti Mendiratta,Adv.
Ms. Suveni Banerjee, Adv.
For Respondent(s) Mr. Mohan Parasaran, SG
Mr. K. Radhakrishnan, Sr. Adv.
Ms. Kiran Bhardwaj, Adv.
Mr. C.S. Bhardwaj, Adv.
Mr. B.K. Prasad, Adv.
Writ Petition (Civil) No. 415 of 2014 Page 10
Mr. U.K. Uniyal, Adv Gen
Ms. Rachana Srivastava, Adv.
UPON hearing counsel the Court made the following O R D E R As far as this Court is concerned, the writ petition shall be treated as disposed of in terms of the signed order.
(DEEPAK MANSUKHANI) (M.S. NEGI)
Court Master Assistant Registrar
(Signed order is placed on the file)
Writ Petition (Civil) No. 415 of 2014 Page 11