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State of Kerala Represented by its Chief Secretary to Government and O ...
Kerala
Apr-05-2016
Land Acquisition
Section 33 of the Act further throw sufficient light on the powers given to the authority under the Disaster Management Act, 2005. Section 33 of the Act empowers the District Authority to issue any direction to any Department of the District … measure in implementing the statutory disaster management plan or to take any measure towards Disaster Management. Issue No.4: 41. The State of Kerala vide its Notification dated 09.09.2008 (published in the Gazette on 22.10.2008) established the District
Tag this Judgment! AI Brief & AskPraneeth K Vs. University Grants Commission (Ugc)
Supreme Court of India
Aug-28-2020
Education
gravely from pandemic of COVID19 and 15 respective State Governments have imposed/implemented various levels of lockdown under the Disaster Management Act, 2005. Petitioner pleads that as a result of the lockdown, Universities, schools, educational institutions were forced to shut down … that provisions of Disaster Management Act will have overriding effect. He placed reliance on Section 72 of the Act, 2005. Section 72 shall override not only the provisions of Maharashtra University Act but also University Grants Commission Act, 1956 … State of Maharashtra was not consulted before issuing the revised guidelines, the 41 guidelines are, thus, not in accordance with Section 12. Shri Datar submits
Tag this Judgment! AI Brief & AskR U Human Foundation, vs State of Kerala
Kerala
Apr-19-2024
houses in the nearby locality and the damage to the 67 water channels need to be examined. The Disaster Management Act, 2005 has been promulgated for providing for institutional mechanism for preventing and mitigating the effects of disasters, etc. The … of disasters as may be necessary. The Act further provides for the functions of the local authority under Section 41, which mandates to ensure all construction projects under it or within its jurisdiction shall conform to the standards
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Centre for Public Interest Litigation Vs. Union of India
Supreme Court of India
Aug-18-2020
Land Acquisition
effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.” 4. The Disaster Management Act, 2005 (hereinafter referred to as “Act, 2005”) was enacted to provide for the effective management of disasters and matters … Standard Operating Procedures (SOPs), Manuals, Guidelines at all levels of the Government. 41 37. The National Disaster Management Authority, Government of India, had issued National … impact on disaster risk, and facilitating, as appropriate, the participation of all sectors and relevant stakeholders;” 8. Although Section 11 of Act, 2005 contemplated preparation of a National Plan, however, the National Plan was not prepared till
Tag this Judgment! AI Brief & AskK. Tony Thomas vs Vythiri Grama Panchayath
Kerala
Dec-22-2023
Some areas of Wayanad are alleged to be prone tolandslides. The DDMA has prepared zonation maps under the Disaster Management Act 2005 (for short DM Act). Petitioner pleaded that his existing residential building is situated in the safe zone of … red zone, a hotel at 308 metres, a Hotel Management College at 41.95 metres and a Children's Park at 305 metres.6. An affidavit has been … ever occurred in the nearby areas. In the meantime, DDMA had, by an order dated 30-06-2015 issued under section 30(2)(iii) & (v), imposed restrictions on new constructions above a particular height. However, it is alleged that petitioner’s
Tag this Judgment! AI Brief & AskMunicipal Corporation of Delhi Vs. Association of Victims of Uphaar Tr ...
Supreme Court of India
Oct-13-2011
Constitution
Constitution of India - Articles 21, 32, 226; Cinematograph Act; Delhi Cinematograph Rules, 1953; Human Rights Act, 1998
2011(4)KLT137(SN)(C.No.147); 2011AIRSCW6418; 2012(1)LW593; AIR2012SC100; 2012(2)SCJ751
the breach requiring a deterrent to prevent similar further breaches.General observations and suggestions44. The Parliament has enacted the Disaster Management Act, 2005. Section 1(3) thereof provides that it shall come into force on such dates as the Central Government may by … All ER 908] so far as physical injury resulting from omission to exercise statutory powers was concerned (p. 410). A duty of care at common law can be derived from the authority's duty in public law to
Tag this Judgment! AI Brief & AskGaurav Kumar Bansal Vs. Union Of India
Supreme Court of India
Jun-30-2021
Land Acquisition
of the deceased who have succumbed to the pandemic of Covid-19, in view of Section 12 of the Disaster Management Act, 2005 (hereinafter referred to as ‘DMA2005). It is also further prayed for an appropriate direction to the respondents - … Cat III. Dedicated 0 9,954 COVID Care Centre Oxygen supported beds 50,583 3,81,758 7.5-fold increase Total isolation beds 41,000 17,17,227 42-fold (excluding ICU beds) increase Total ICU beds 2,500 1,13,035 45-fold increase Isolation railway 0 5,601 coaches
Tag this Judgment! AI Brief & AskSwaraj Abhiyan Vs. Union of India and Ors.
Supreme Court of India
May-11-2016
Land Acquisition
spirit expected of them on such a vital issue as risk management, drought assessment and drought management. The Disaster Management Act, 2005 17. The Disaster Management Act, 2005 (hereinafter referred to as “the DM Act”) has been on the statute … a pity, particularly since the persons affected by a possible drought-like situation usually belong to the most vulnerable sections of society. The sound of silence coming from these States subjects the vulnerable to further distress. During the
Tag this Judgment! AI Brief & AskGursimran Singh Narula Vs. Union Of India Ministry Of Science And Tech ...
Supreme Court of India
Nov-05-2020
MRTP
In the present case, Right to Health under consideration is in wake of pandemic Covid19. The provisions of Disaster Management Act, 2005(hereinafter referred to as Act, 2005) has been invoked to combat Covid19 by different authorities constituted under 14 Act, … preparedness to deal with the disaster and prompt response to any threatening disaster situation or disaster etc.. Under Section 3, National Disaster Management Authority is established for the purposes of the Act. Section 8 provides for the
Tag this Judgment! AI Brief & AskRachna Vs. Union Of India
Supreme Court of India
Feb-24-2021
Land Acquisition
of their services and in the light of invocation of The Essential Services Maintenance Act, 1968 and The Disaster Management Act, 2005. There is no benefit 14 accruing to persons in essential services and public employment, consequent to the unlock … Rules which are identified and prescribed by the respective Cadre Controlling Authorities (CCAs) as per the provisions of Section 33 and 34 of the Rights of Persons with Disabilities Act, 2016. Only those category(ies) of disability(ies) mentioned
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