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2018 DIGILAW 1328 (SC)

Russel Joy v. Union Of India Chief Secretary

2018-08-17

D.Y.CHANDRACHUD, DIPAK MISRA

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ORDER 1. When the matter was taken up yesterday i.e. 16 th August, 2018, after hearing learned counsel for the petitioner, the learned counsel for the States of Kerala and Tamil Nadu and Mr. P.S. Narasimha, learned Additional Solicitor General appearing for the Union of India, the following directions were issued:- (a) The Sub-Committee constituted under Section 9 of The Disaster Management Act, 2005 along with National Crisis Management Committee (NCMC) should hold a meeting, sometime tomorrow in the morning, with the competent authorities of the States of Kerala and Tamil Nadu. If the meeting is not possible by physical presence, the authorities may take aid of video conferencing. (b) An effort has to be made by the Committees to see if there can be a possibility of bringing down the water level, at least to 139 f t., so that the people staying in the downstream of the dam do not remain in the constant fear. (c) The States of Kerala and Tamil Nadu shall coordinate with the NCMC so that the people who have been displaced by flood are given adequate relief immediately. (d) The Sub-Committee may suggest, before water is released from the dam to the downstream areas, as to what kind of measures can be taken to handle the disaster so that the people ultimately do not suffer from the catastrophe caused by the flood. (e) The Committee that has been directed to meet tomorrow in the morning must come out with a Disaster Management Plan which shall be made public so that the people can remain prepared for the same. (f) The decision of the Sub-Committee, needless to say, shall be implemented by both the States immediately although we are taking up the matter tomorrow at 02:00 p.m.. We say so as action speaks much faster than words can convey." As the Court shall not function after 1.00 p.m. today, the matter has been preponed and taken up for hearing. 2. When Mr. P.S. Narasimha, learned Additional Solicitor General opened his submissions, the Court was informed by him that the Committee has commenced the meeting and it was in progress. It is his further submission that all efforts have been made by the Central Government for involving the States of Kerala and Tamil Nadu to deal with the calamity that has taken place. P.S. Narasimha, learned Additional Solicitor General opened his submissions, the Court was informed by him that the Committee has commenced the meeting and it was in progress. It is his further submission that all efforts have been made by the Central Government for involving the States of Kerala and Tamil Nadu to deal with the calamity that has taken place. Towards the conclusion of his submissions, the learned Additional Solicitor General received instructions that the meeting has been concluded. He would urge that some time should be given to place the report of the Committee so that this Court can appreciate the obtaining fact situation. 3. Mr. H.P. Raval, learned senior counsel appearing for the State of Kerala and Mr. Shekhar Naphade, learned senior counsel appearing for the State of Tamil Nadu advanced their submissions, but we are not entering into the said debate for the present. We may also note with profit that Mr. Manoj V. George, learned counsel appearing for the petitioner has filed certain preliminary submissions. They shall be dealt with at the appropriate stage. 4. The situation caused by the floods prevailing in the State of Kerala requires to be addressed with focus, concentration and efficiency by all concerned, both at the national and State levels. It need not be over emphasized to state that this Court is not an expert to issue any kind of guidelines to manage a situation of the present nature that had been taken note of by this Court in the order passed yesterday i.e. 16 th August, 2018. However, we suggest that the Sub-Committee constituted under Section 9 of the Disaster Management Act, 2005, the National Crises Management Committee (NCMC) and the Committee constituted on the basis of the directions issued by the Constitution Bench of this Court in State of Tamil Nadu vs. State of Kerala and Another, (2014) 12 SCC 696 , can hold consultative meetings bearing two purposes in mind, namely, to explore the possibility of bringing down the water level at least to 139 feet and secondly, measures should be taken while releasing water from the dam to ensure that down stream inhabitants of that area are not affected. 5. Mr. Raval, learned senior counsel appearing for the State of Kerala would contend that the rescue operation/rehabilitation of the people is being taken up with immense efforts by the State. 5. Mr. Raval, learned senior counsel appearing for the State of Kerala would contend that the rescue operation/rehabilitation of the people is being taken up with immense efforts by the State. We do not intend to comment on the said submission. However, we would like an affidavit to be filed by the Chief Secretary of the State of Kerala to show what steps have been taken to meet the disaster management and the steps taken for the purpose of rescue operation/ rehabilitation. That apart, the National Crises Management Committee is at liberty to issue instructions to the State of Kerala as regards rescue operation/ rehabilitation and such measures, the State of Kerala, shall unhesitatingly take. The decision taken with regard to bringing down of the water level shall be scrupulously obeyed by the State of Tamil Nadu. We say so as it is a decision by the expert body. We may note with profit that Mr. P.S. Narasimha, learned Additional Solicitor General has submitted that the Sub-Committee constituted by the Cabinet Secretariat is over-seeing constantly the real time disaster management of the water level.