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2013 DIGILAW 1367 (JHR)

Court on its own motion v. State of Jharkhand

2013-12-18

APARESH KUMAR SINGH, R.BANUMATHI

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ORDER : 1. In a tragic accident on Sunday afternoon (15.12.2013), an overcrowded boat capsized in Ranchi Lake also known as Bada Talab leaving at least four persons dead and about five others injured. It was reported that the accident took place on the date of inauguration of the Park, which also accommodates a Boating Club. Sunday’s Bada Talab Boat Tragedy raises questions whether all the Boating Centres in the State are fully equipped with safety measures. 2. The State of Jharkhand has immense potential in the tourism sector owing to the aesthetic beauty of the State, moderate climate and the hub of natural resources found here. Harnessing of the alluring water bodies to meet the growing demands for amusement should go hand in hand with setting of proper safety standards and redressal mechanisms. Proper monitoring of operation of boating services and availability of sufficient safeguard measures would greatly enhance the State Tourism also. 3. In the light of the grim incident at the Ranchi Lake on 15.12.2013, it appears that there are lack of safety measures for boating services. It is not known whether the concerned persons including boat operators were having necessary skills and whether life jackets were made available and whether other safety measures were in place. If there are no proper safety measures at the Boating Centres, human lives are lost raising question of public importance. 4. We can also take notice of the fact that almost every year such incidents happen, especially in Dasam Fall where visitors and tourists during their visits take around and visit those spots. 5. The issue raises question of public importance so as to invoke the power to take suo mottu cognizance of the safety measures and other related issues. Accordingly, suo mottu cognizance of the matter is taken. 6. The respondent in this Public Interest Litigation shall be:- (1) The State of Jharkhand through its Chief Secretary; (2) Department of Tourism, Government of Jharkhand through its Principal Secretary; (3) Jharkhand State Tourism Development Corporation, Ranchi; (4) Ranchi Municipal Corporation through its Chief Executive Officer. 7. Mr. Jai Prakash, learned Additional Advocate General along with Mrs. 6. The respondent in this Public Interest Litigation shall be:- (1) The State of Jharkhand through its Chief Secretary; (2) Department of Tourism, Government of Jharkhand through its Principal Secretary; (3) Jharkhand State Tourism Development Corporation, Ranchi; (4) Ranchi Municipal Corporation through its Chief Executive Officer. 7. Mr. Jai Prakash, learned Additional Advocate General along with Mrs. Chaitali Sinha, JC to AAG, takes notice on behalf of The Principal Secretary, Tourism Department, Government of Jharkhand whereas Mr.Sumeet Gadodia, learned counsel, takes notice on behalf of Jharkhand State Tourism Development Corporation and Mr.Rishi Pallav, learned counsel, takes notice on behalf of the Ranchi Municipal Corporation. 8. The respondents are directed to file their report to this Court informing the Court: (i) The name of the places viz. Lakes, Dams, Water Bodies and other Amusement Places where Water Recreation facilitating boating and other related activities are available; (ii) To inform the Court as to whether the Boating and other Water Recreation Facilities are operated by the Tourism Department or whether they are licensed to any individual/private agencies; (iii) If so, the agencies, who are running the boating services and other facilities and the manner in which the licence is granted to those private agencies; (iv) Whether the persons who are operating the boating facilities are skilled and whether any expert swimmer goes along with the boat, whether any life jackets or other safety measures are made available to the visitors on the spot; (v) The checks and controls of the Department of Tourism over these Boating Centres in providing sufficient safety measures to the visitors; (vi) Whether any rule/regulations are in place ensuring safety of the visitors; (vii) To inform the Court about the check and controlling measures available in the Water Recreation spots to ensure the safety of the persons, different visitors, who take dip in the water in those Water Recreation spots; (viii) Measures taken or intended to be taken ensuring safety of the visitors/tourist who visit these spots of water recreation are available. 9. The concerned respondents shall furnish the report in respect of such Water Recreation Spots existing in the entire State of Jharkhand, in respect of existence of such Rule/Regulation etc., as indicated hereinabove. 10. 9. The concerned respondents shall furnish the report in respect of such Water Recreation Spots existing in the entire State of Jharkhand, in respect of existence of such Rule/Regulation etc., as indicated hereinabove. 10. The Registry is directed to furnish copy of this order to the learned Advocates, who has taken notices on behalf of the State as also on behalf of the Tourism Development Corporation as well as Ranchi Municipal Corporation. 11. Post this matter on 13.1.2014.