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2014 DIGILAW 833 (JHR)

Court On Its Own Motion v. State of Jharkhand

2014-08-06

AMITAV K.GUPTA, 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 including an advocate and about five other persons injured, has raised questions as to whether all the Boating Centres in the State of Jharkhand are fully equipped with safety measures and, therefore, the said news item was taken cognizance as a Public Interest Litigation by the Court on its own Motion. 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. The grim incident at the Ranchi Lake on 15.12.2013 exposed that there are lack of safety measures for boating services in Bada Talab and other amusement places. 3. In response to the notice, respondents were directed to file the response on the following queries. (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. 4. 4. Respondents have filed counter affidavit stating that the Department of Tourism has no information about the availability of life support appliances at Boating Centres. It is further stated that it does not have any check or control system in place at present to monitor safety at recreational boating sites and also there is no organized supervision by any other agency including the District Administration. It is stated that the accident at Bada Talab in Ranchi on 15.12.2013 has made the Tourism Department conscious of the dire necessity to take immediate action in this direction. 5. In the counter affidavit filed on 13.01.2014, it is stated that the Department of Tourism plans to announce a detailed guidelines for recreational boating and to that effect the Department of Tourism further plans to take the guidance of the Army Corps of Engineers, the Yacht Association of India and other institutions. It is further stated that the Department is at present studying the various documents to formulate the guidelines and subsequent legislation. (i) United Kingdom Inland Water Small Passenger Boat Code. (ii) Government of India, Ministry of Tourism Guideline for recognition/renewal or extension as an approved Adventure Tour Operation (ATO) (Revised with effect from 18th January, 2011). (iii) Orissa Boat Rules, 2002. (iv) Government of Bihar Model Rules for Inland Navigation, 2011 under Bengal Ferries Act-1885. (v) Calcutta Port Rules, 1994 Government of India. Ministry of Surface Transport. 6. In the counter affidavit filed on 13.01.2014, the Government has also referred to the steps taken for betterment of the facilities and also removal of hazardous in the various tourism centres like Dasham Falls, Johna Falls, Hundru Falls, Hirni Falls, Panchghag Falls and Sita Falls. 7. In the counter affidavit filed on 24.4.2014, it is stated that draft of Jharkhand Boat Rules 2014 has been framed by the Department of Tourism and the same has been sent to the Secretary, Department of Law on 21.04.2014 for approval and suggestions. The proposed Rules covers:- (i) Registration of Board (ii) Survey of Boards which includes start of service, periodic and occasional. (iii) License of Boards and Drivers (iv) Guidelines of Operation (v) Safety Measures and Safety Guidelines of both water sports and beach lifeguard and (vi) Such other matters 8. The proposed Rules covers:- (i) Registration of Board (ii) Survey of Boards which includes start of service, periodic and occasional. (iii) License of Boards and Drivers (iv) Guidelines of Operation (v) Safety Measures and Safety Guidelines of both water sports and beach lifeguard and (vi) Such other matters 8. In their counter-affidavit filed on 24.4.2014, respondent nos.1 to 3 have stated that Tourism Policy 2014 has also been drafted by the Tourism Department and the same has been sent to all Departments for suggestions. It is stated that in order to promote tourism, a proposal has been made for setting up a Steering Committee and the proposal has been sent to Hon’ble Chief Minister of the State through the Chief Secretary, Government of Jharkhand. The constitution of the Steering Committee is also proposed in para (7) of the counter-affidavit. In order to develop tourism in the State of Jharkhand and tap tourism potential to enhance revenue of the State, Steering Committee is constituted at the earliest. 9. So far the status of different Falls and Water Spots are concerned, in the counter-affidavit filed on 05.08.2014 the respondents submitted as follows:- (a) Dasham Falls-The DPR of filling holes has been completed and process of tender for execution of the said work has been started. It is reported that the danger area has already been cordoned off by barbed wire in December, 2013. (b) Johna Falls-Indian Tourism Development Corporation has been entrusted with construction of stairs, Railing and Banisters on the spot and the work has been initiated and is expected to be completed within 90 days. (c) Hundru Falls-Safety measures have been taken at this spot and unsafe rafting has been stopped and prohibited. (d) Hirni Falls and Sita Falls-A budget for construction of pathways, signage, foot over bridge and railings in Sita Falls has been sanctioned and the work has been allotted to Engineering Cell of the Jharkhand Tourism Development Corporation. Tender process of this work has been completed and work has been issued. So far as hazardous bushes in Sita Falls are concerned, the same has been removed. Similarly, the repairing work of railing of the foot overbridge in Hirni Falls has already been sanctioned and re-tender process is going on and no one gave any tender for the first time. (e) Panchghag Falls-There is no dangerous zone in Panchghag Falls. 10. So far as hazardous bushes in Sita Falls are concerned, the same has been removed. Similarly, the repairing work of railing of the foot overbridge in Hirni Falls has already been sanctioned and re-tender process is going on and no one gave any tender for the first time. (e) Panchghag Falls-There is no dangerous zone in Panchghag Falls. 10. In so far as the work of filling up of holes in Dasham Falls is concerned, it is stated that even DPR has been prepared, but due to Rainy Season, the Department could not commence and complete the work. Learned Additional Advocate General submitted that after the rainy season, filling up of holes will be done at the earliest. 11. Learned Amicus Curiae, Mr.Anoop Kumar Mehta, submitted that in the above falls and tourist spots, there is no lighting facility and during rainy season/cloudy days, even during day time, it is even dark and is very difficult for the tourists. We direct the concerned authorities, respondent nos.1 to 3/RMC and the concerned district administration, to provide lighting facilities in all the above water spots and other tourist spots. 12. The writ petition is disposed of with the following directions :- (i) We direct the respondent Nos. 1 to 3 to take steps to enforce Jharkhand Boat Rules, 2014 and bring the same into force at an early date, preferably within a period of 3 months from the date of receipt of copy of this order. (ii) In order to develop tourism in the State of Jharkhand and to tap tourism potential in order to enhance revenue of the State, we direct the respondent nos.1 to 3 to frame Tourism Policy for the State of Jharkhand and also create an impressive Web Site for the Jharkhand Tourism so as to attract more tourists to the State of Jharkhand. We further direct the respondent nos. 1 to 3 to constitute a Steering Committee as proposed in para (7) of the counter-affidavit filed on 24.4.2014 with Tourism Secretary as Member Secretary of the Committee and to monitor the development of tourism in the State of Jharkhnad. (iii) The respondents are further directed to complete the repairing work/construction work/removal of hazardous plants, as undertaken by them in the counter affidavit filed on 24.04.2014 and 05.08.2014 at the earliest preferably by the end of December, 2014. (iii) The respondents are further directed to complete the repairing work/construction work/removal of hazardous plants, as undertaken by them in the counter affidavit filed on 24.04.2014 and 05.08.2014 at the earliest preferably by the end of December, 2014. (iv) The respondents are also directed to ensure that proper lighting facilities are provided in all the tourist spots/water spots. (v) We direct the respondent Nos. 1 to 3 to make appropriate budgetary allocation for proper maintenance of tourist spots/water spots and for ensuring safety measures in those places of tourist spots/water spots. (vi) In case the above directions are not complied with, we direct learned Amicus Curiae, Mr. Anoop Kumar Mehta, to bring it to the notice of the Court by taking appropriate steps. 13. We place on record the valuable assistance rendered by learned Amicus Curiae Mr. Anoop Kumar Mehta. Office is directed to furnish a copy of this judgment free of cost to learned Amicus Curiae Mr. Anoop Kumar Mehta to enable him to take follow up action.