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JUDGMENT O R D E R CIVIL APPEAL NO. 2681 OF 2007 (Arising out of S.L.P.(c) No. 4716/2006) ALTAMAS KABIR, J.

Leave granted.

2. The magnitude of the problem created by the Tsunami which hit the Andaman and Nicobar Islands on 26th December, 2004, and the disaster left in its aftermath, is difficult to imagine and its effects continue to subsist and haunt the islanders even today.

3. The Special Leave Petition filed against the judgment and order passed by the Division Bench of the Circuit Bench of the Calcutta High Court at Port Blair on 16th January, 2006, in Writ Petition No. 205 of 2005 recounts the various problems that were being faced by the Islanders in the wake of the Tsunami and the steps that could be taken to mitigate their sufferings.

4. Since it was not possible to conclude the hearing of the appeal itself, we heard the parties on the question of grant of interim relief till such time as the appeal could be finally heard and disposed of.

5. Appearing in support of the appeal, Mr. Colin Gonsalves urged that on account of the Tsunami which hit the islands, extensive damage had been caused to the shelters and livelihood of the islanders and in particular those inhabiting the Nicobar group of islands. According to him, some of the major problems included scarcity of potable drinking water, lack of medical facilities for treatment of diseases which had broken out after the Tsunami, lack of food and shelter and destruction of the means of livelihood of the inhabitants of the islands whose main occupation was fishing and agriculture. Mr. Gonsalves urged that there was no dearth of funds for carrying out the work of rehabilitation, but the same were not being utilized in a proper manner. He urged that although there were about 2000 applications pending before the permanent Lok Adalat at Port Blair, not more than 100 of such applications had been disposed of. He urged that since sessions of the Lok Adalats were confined to Port Blair, many of the affected people were unable to approach the Lok Adalat for necessary compensation having regard to the geographical lay out of the islands. Mr. Gonsalves emphasized the fact that inter  island transport was scarce and the time taken to come from the Nicobar chain of islands to Port Blair took about a week of travel time. He urged that in order to provide proper relief to the persons actually affected by the Tsunami, it was incumbent that Lok Adalats be held on those islands which had been severely affected by the Tsunami.

7. Mr. Gonsalves urged that there was sufficient timber available for construction of traditional shelters suitable for the islands by the islanders themselves on account of the large number of trees which had been uprooted during the Tsunami. This would not only reduce the costs but make the rehabilitation process more meaningful and of lasting benefit to the persons affected by the Tsunami without destroying the ecology and environment of the islands. However, in the structures which had already been constructed directions should be given to complete the flooring as the monsoons were almost due.

20. The submissions made on behalf of the appellant and the Local Government indicate that although the work of rehabilitation of the Tsunami victims has been taken up in all earnest, there is still a good deal which is required to be done to ameliorate the misery of the victims.

21. Each of the problems elaborated by Mr. Gonsalves needs to be dealt with to enable the victims of the Tsunami families to cope with the disaster. The monsoons are due at any time to add to the misery of those who were rendered homeless by the Tsunami. Spread of diseases is a serious threat as also the spectrum of hunger.