In Reference Vs. Union of India - Court Judgment

Writ Petition No.10931/2013 28.06.2013 Shri R.D.Jain, learned Advocate General assisted by Shri P.K.Kaurav, learned Addl.

Advocate General for the State.

Shri R.S.Siddiqui, learned Asst.

Solicitor General for the Union of India.

Shri Jain, learned Advocate General submitted that he has filed a latest report today i.e.a Chart (Annexure-R/5) showing the information in respect of persons who had visited Uttarakhand, the persons who have returned back home and the persons in respect of whom there is no information.

From perusal of the Annexure-R/5, it is apparent that still there is no information from four districts and the columns are lying vacant.

Shri Jain, learned Advocate General submits that he may be allowed short time to submit a complete information before this Court.

We have taken cognizance of this matter on 24.6.2013 and till date, the machinery of the State is unable to find out how many persons had visited Uttarakhand when the disaster took place.

The aforesaid information could have been collected by the State immediately after knowing about the disaster.

However, the State machinery is in motion, therefore, we allow the State one more opportunity to file a complete report in this regard.

It is also submitted by Shri Jain, learned Advocate General that the team which is headed by one Cabinet Minister is still at Uttarakhand and the team shall continue to camp there until and unless the last person is extended the help.

He has also submitted that all facilities like medical, transport and necessary arrangements of return of pilgrimages have been made and the same shall continue till all the persons are rescued.

Shri R.S.Siddiqui, learned Assistant Solicitor General of Union of India submitted that he has filed a summery of rescue and relief measure which may be taken on record.

It is submitted that he has received the same on last night through mail.

On perusal of the said summery, we find that the Disaster Management Authority which has been constituted to meet out the situation like present of Uttarkhand though not come in action, but the summery is silent in respect of the fact that when the Disaster Management Authority came in motion to rescue the persons who were affected by the disaster.

Even from the summery, we do not find that how many personnel were deployed for rescue operation and what type of action has taken by the said authority to provide help to the disaster affected area.

It appears that the aforesaid information needs to be placed on record so that we can examine the effectiveness of the aforesaid authority.

Apart from this, Shri Siddiqui, learned Assistant Solicitor General shall also obtain instructions from Union of India about the funds made available to the authority, constitution of the authority and what facilities the authority is possessing so that in case of any disaster, the said authority shall make available to help the affected persons and affected areas.

All the information be furnished by Union of India within a period of one week.

For this purpose, hearing of this case is adjourned for 8.7.2013.

Let a free copy of this order be supplied today to Shri R.D.Jain, Advocate General and Shri R.S.Siddiqui, Assistant Solicitor General for necessary action.

(Krishn Kumar Lahoti) (Subhash Kakade) Actg.

Chief Justice Judge snb/-