Court : Sikkim
..... of the land acquisition act, 1894 dated 29.11.2006, the respondent no.1, secretary, land revenue and disaster management, necessity of land belonging to the petitioners for public purpose for the construction of approach road and working area in tinik, chisopani, salghari, poklok and kitam blocks in the south district by sikkim power development corporation (spdc for short) to establish 96 mw jorethang loop hydroelectric project, was notified by invoking the urgency provision under section 17(4) of the land acquisition act, 1894 (la act, 1894 for short), directing that the provisions of section 5-a of the act ..... the events and the controversies set out above arose as a culmination of the direction of the respondents no.1 and 3 the state of sikkim and the secretary, power and energy department respectively, upon the respondents no.2 and 4, the secretary, land revenue and disaster management department and the district collector, south sikkim at namchi respectively to acquire the questioned land through the respondent no.5, the managing director, sikkim power development corporation for the use of respondent no.6, ..... 378.00 (rupees sixty four lakhs ninety one thousand three hundred and seventy eight), being the total amount of compensation calculated at that rate, was forwarded by the district collector, the respondent no.4, to the secretary, land revenue and disaster management department, government of sikkim, the respondent no.2, requesting release of the amount at the earliest. .....
Tag this Judgment!Court : Supreme Court of India
..... george, learned counsel for the petitioner reiterating the stand with regard to the disaster management, has commended us to section 2(e) of the disaster management 9 act, 2005 (for brevity, the 2005 act ). ..... (3) of the same is as under:- (3) the district plan shall include- the areas in the district vulnerable to different (a) forms of disasters; (b) the measures to be taken, for prevention and mitigation of disaster, by the departments of the government at local authorities in the district; the district level and the capacity-building (c) preparedness measures required to be taken by the departments of the government at the district level and the local authorities in the district to respond to any threatening disaster situation or disaster; and the response plans and procedures, in the (d) event of a disaster, providing for- allocation (i) the departments of the government at the district level and the local authorities in the district ..... there is reference to the litigations filed between the state of kerala and state of tamil nadu for long period and more recently in cs (os) no.3 of 2006 before this court which was decided on 07.05.2014 in state of tamil nadu v. ..... the findings of ec with elaborate analysis of reports of investigations, tests and studies lead to one and only one conclusion that there is no change in the circumstances necessitating departure from 13 the earlier finding on the safety of mullaperiyar dam given by this court in 2006 judgment. .....
Tag this Judgment!Court : Supreme Court of India
..... (8) the disaster management act, 2005 empowers the state disaster management authority as well as the state government to take measures for prevention and mitigation of a disaster and the action taken by the authorities under the disaster management act have been given overriding effect to achieve the purpose and object of the act, 2005. ..... the disaster management act, 2005 empowers the state disaster management authority as well as the 134 state government to take decision for prevention and mitigation of a disaster and the action taken by the authorities under the disaster management act have been given overriding effect to achieve the purpose and object of the act. ..... the ugc guidelines dated 06.07.2020 in the above respect shall override the decision of the state government and the state disaster management authority regarding 152 promoting the students, does not fall within the jurisdiction of the disaster management act, 2005 and shall have no protection of section 72 of the disaster management act, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... after declaration of coronavirus (covid-19) as a pandemic by world health organisation, the national disaster management authority exercising the jurisdiction under section 6 of the disaster management act, 2005 to take effective measures to prevent the spread of covid-19 across the country and for mitigation of the threatening disastrous situation has issued notification dated 27.03.2020 directing the ministry, departments of government of india, state governments and the state authorities to take measures for ensuring social distancing so as 3 to prevent the spread of covid-19 in the country. ..... i state and submit that as submitted in the previous affidavits, the central government took many policy decisions for granting various reliefs for the covid pandemic which is a 'disaster' within the meaning of the disaster management act, including a policy decision whereby the following borrowers were declared eligible for the benefit of waiver of 'interest on interest':17. ..... learned solicitor general referring to above measures taken by the union of india submits that above measures have been taken by the government of india in exercise of jurisdiction under the disaster 23 management act, 2005 to mitigate the hardships and miseries of few sectors. ..... due to lockdown imposed by the government of india in exercise of powers under the disaster management act, 2005, there can be no denial that most of the businesses including private sector as well as public sector has been adversely affected .....
Tag this Judgment!Court : Supreme Court of India
..... the national disaster management authority(ndma) which was created by the ministry of home affairs(mha) in pursuance of the disaster management act 2005, issued a notification dated 24th march, 2020 under section 6(2)(i) of the dm act. ..... that apart, candidates working in essential services did not have the benefit of seeking leave or claiming exemption from duty/overtime duty looking to the nature of their services and in the light of invocation of the essential services maintenance act, 1968 and the disaster management act, 2005. ..... on 25th march, 2020, the disaster management act 2005(dm act) was invoked in india for the first time since it was passed almost a month and a half ago, to tackle the covid 19 pandemic that was then in its initial stages of spreading. ..... instituted and publicized by the central government under the disaster management act 2005, these lockdowns varied in scope and nature, depending on the situation on the ground.30. ..... thereafter the admit cards were issued to all the candidates who intended to participate in the selection process, but because of the unprecedented covid 19 pandemic, which was notified by the national disaster management authority vide its order dated 24th 8 march 2020, the commission by its press release dated 4th may, 2020 deferred the examination 2020 and further informed that the revised schedule of examination will be notified at a later stage.8. .....
Tag this Judgment!Court : Supreme Court of India
..... the division bench also 67 opined that such order could be issued even in exercise of power under section 22 of the disaster management act, 200521. ..... in this act, unless the context otherwise requires, xxx xxx xxx (e) disaster management means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for (i) prevention of danger or threat of any disaster; (ii) mitigation or reduction of risk of any disaster or its severity or consequences; (iii) capacity building; (iv) preparedness to deal with any disaster; (v) prompt response to any threatening disaster situation or disaster; (vi) assessing the severity or magnitude of effects of any disaster; (vii) evacuation, rescue and relief; (viii) rehabilitation and reconstruction ..... the manner and method of addressing such disaster and in particular disaster management as defined in section 2(e) of the act of 2005 is by preparation of a plan for disaster management by the authority concerned under that act. ..... going by the scheme of the act of 2005, the state authority established under section 14 known as state disaster management authority is expected to formulate policies and plans for disaster management in the state. ..... for that, we may usefully refer to section 23 of the act of 2005 which provides for the contents of the plan for disaster management to be prepared for every state called the state disaster management plan. .....
Tag this Judgment!Court : Supreme Court of India
..... 7 1.3.1 on 23 december 2005, the government of india (goi) took a defining step by enacting the disaster management act, 2005, (hereinafter referred to as the act) which envisaged the creation of the national disaster management authority (ndma), headed by the prime minister, state disaster management authorities (sdmas) headed by the chief ministers, and district disaster management authorities (ddmas) headed by the district collector or district magistrate or deputy commissioner as the case may be, to spearhead and adopt a holistic and integrated approach to dm. ..... - in exercise of the powers conferred by sub-section (1) of section 46 of the disaster management act, 2005 (53 of 2005), the central government hereby constitutes the national disaster response fund (hereinafter ndrf) for meeting any threatening disaster situation or disaster. ..... the enactment of disaster management act, 2005 was to bring in place requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans and other measures by various wings of the government for preventing and mitigating effects of disasters. ..... issue a writ, order or direction to the union of india to lay down minimum standards of relief, under section 12 of the disaster management act, 2005, to be provided to persons affected by the covid-19 virus, as well as by the resultant national lockdown; 12 c. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... on perusal of this order of the collector dated 22nd may 2013, it is noticed that said order has been issued under the powers conferred under section 24 and 29 of the gujarat disaster management act. 14. ..... this compensation has been awarded by the collector under the powers conferred on him by section 24 and 29 of gujarat disaster management act. ..... after referring to the principles evolved in various international conferences and to the concept of `sustainable development', stated that the precautionary principle,the polluter pays principle and the special concept of onus of proof have now emerged and govern the law in our country too, as is clear from articles 47, 48-a and 51-a(g) of our constitution and that, in fact, in the various environmental statutes, such as the water act, 1974 and other statutes, including the environment (protection) act, 1986, these concepts are already implied. ..... we, therefore, feel it necessary that all the expenditure related to investigation, control, management and remediation, if any, of the accidental spillage and drifting of hw in the instant case which has been incurred by the gpcb and cpcb shall be recovered from the respondent nos.3 and 4. 33. ..... the polluter pays principal is commonly interpreted as; the polluter must pay for the cost of pollution abatement, cost of environment recovery, cost of incident management and compensation costs for the victims of the damages, if any, due to pollution. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... the respondents shall prepare a disaster management plan (dmp) for protection of forests and shall make available more number of g.p.s, fire beaters, fire brooms, fire rakes, motor vehicle sets, watch towers by evolving particular standards based on scientific study and data collected, in accordance with the area of the forests. ..... ; (iii) the important migratory corridors for wildlife; and (iv) the forest land diverted for non-forest purpose ..... some of the recommendations of moef given in their affidavit dated 29/4/2011 have been incorporated in court directions and are related to; (a) creation and regular updating of a gis based decision support database, tentatively containing inter-alia the district-wise details of the location and boundary of (i) each plot of land that may be defined as forest for the purpose of the forest (conservation) act, 1980; (ii) the core, buffer and eco-sensitive zone of the protected areas constituted as per the provisions of the wildlife (protection) act, 1972 .....
Tag this Judgment!Court : Delhi
..... she also did her mba in disaster management.3. ..... the tribunal after taking note of the proposal dated 21.10.2010, which was to the effect that name of the respondent may be included in the directors suitability list for the year 1994 and which was eventually approved by the prime minister, proceeded to consider as to what course should have been followed once the applicant s name was included in the directors suitability list for the year 1994. ..... vg no cr no cr good good first class (appa) no cr good os os no cr no cr vg vg os vg no cr no cr no cr vg no cr no cr average first class (appa) no cr very good no cr no cr vg vg os vg no cr no cr no cr the tribunal held that once the respondent has been included in the directors suitability list for the year 1994, her position had been restored to her original place as per her entitlement. ..... the respondent learnt of the reason for her not being placed on the directors list in the year 1994 by invoking the provisions of the right to information act. ..... ) no.6907/2014 outstanding os os os os os very good very good vg no grading no cr vg vg outstanding os os os os os outstanding good good good no cr vg199192 1992-93 1993-94 1994-95 1995-96 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 7. .....
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