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| DB issues various directions in PIL regarding relief to flood victims of Jammu Division | | | Early Times Report
Jammu, Nov 15 : In a Public Interest Litigation (PIL) filed by two practicing Advocates namely Ajay Bakshi and Tariq RasoolWani over the inaction of the Government to deal with the situation caused by the unprecedented floods in the State of Jammu and Kashmir, especially in Jammu region, a Division Bench (DB) of State High Court comprising Chief Justice MM Kumar and Justice TashiRabstan besides issuing various direction asked the Divisional Commissioner Jammu to file a specific report by or within two weeks. After hearing Adv AP Singh for the PIL whereas Sr AAG GaganBasotra for the state observed that by an order dtd September 24, 2014, Supreme Court appointed a Committee, comprising of senior most Registrar to be nominated by the Chief Justice of Jammu and Kashmir High Court and four other members to submit an interim report with regard to the distribution of relief in the State of J&K. "Accordingly, Suresh Sharma, Registrar General of this Court was appointed as a Convener of the Committee and other members of the Committee were the President, Bar Association Jammu and Srinagar, Director, Disastrous Management, Ministry of Home Affairs as the nominee of the Committee and the Secretary, Revenue Department, J&K State as the nominee of Government of J&K, the bench obersved. It said though a report was submitted by the Committee, . however, the Nominee of the J&K State, VinodKaul Commissioner-Secretary to Government, Revenue Department, J&K Government did not sign the said report by sending a letter dated 09/10/.2014 to Registrar General of this Court, stating that 21 Districts have been affected during the floods and he could not accompany the Committee to Poonch and Rajouri due to bad weather. He suggested that the date i.e 10th of October 2014 as fixed by the Supreme Court needs to be extended. However, rest of the members of the Committee submitted a report and has opined that the relief distributed is inequitable and inadequate.
In respect of Jammu Division, the Committee has opined in paras J&K of the report with regard to the status report filed by Deputy Commissioners, Jammu, Udhampur, Reasi, Kishatwar and Poonch. In the Status report filed by the Deputy Commissioner Jammu, it has been stated that on 10/09/2014, a sum of Rs 200.0 lakhs were released for expedient payment and the funds out of SDRF were also placed at the disposal of respective Sub Divisional Magistrates (SDMs) for prompt disposal of the relief cases by making payment to the sufferers under SDRF norms and till the date of filing of the report, funds to the tune of Rs13.29 Corers were also released in favourol the Sub Divisional Magistrates for making payment to the affected families under SDRF norms and the details have been furnished in the form of annxure R-3. Bench also observed that report has claimed that after assessing the damages of private properties of the people, 100% ex-gratia stands assessed in favour of the affected persons and the process of verification of damages has been completed which is again re-verified by the District Level Committees constituted vide letter No.GAD (Adm)250/2014/V dated 05.10.2014.
Meanwhile with regard to the relief received from various NGOs, it has been claimed that items which were received have been distributed to the affected persons during September-October 2014. Division Bench further observed that Deputy Commissioner, Udhampur has also submitted a report accompanied by annexure- R-1 in which it claimed to have been sanctioned/distributed amongst the affected families up-to 22.10.2014 is detailed as ex-gratia and ration distributed up to 25.10.2014 in District Udhampur has also been given to 49 death cases Rs.73,50,000 @ 1.50 lakhs.Division Bench also observed that the distribution of food as per the report of the Committee is not up to the claim made by the State Government. The common man in these flood affected areas in the District Udhampur has not been benefited to the extent claimed by the State Government. There was a small helmet perched on a hillock with 121 household which got perished on 9th of September 2014 on account of land slide caused by incessant rains causing deaths of 23 persons and 17 persons are still missing after a month whose fate could be imagined. The convener of the Committee and the President, Bar Association, Jammu Sr. Advocate M.K.Bhardwaj met 50 odd persons in the presence of concerned Additional Deputy Commissioner, Tehsildar, Dy.SP at Panjar where a camp has been made for survivors of this Helmet.
Advocate AP Singh appearing for the PIL has placed on record the detail of 30 families by filing CMA No. 295/2014 where either no relief has reached or the relief given is very meager.
Division Bench after perusal of the application shows that Sat Pal Sharma, Kashmir Singh, Puran Singh, Sampuran Singh and Sukhdev Singh have not been given any relief, whereas they have suffered huge loss. A specific reply is required to be filed with regard to those families which are residents of PhalainMandal, Satwari Jammu. Division Bench asked the President and the Executive Members of the Bar Association Jammu to point out such cases where the relief has not been given by furnishing detail Advocate AP Singh for the petitioners, who shall place the same on record so that appropriate directions are issued. It also asked Divisional Commissioner Jammu to file detailed report within two weeks. Meanwhile, counsel for the petitioners was asked to put on record the names of families, who have not been given adequate relief in the same manner as has been pointed out in respect of 30 families. JNF |
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