HC tells govt: Make disaster mgmt units functional else face contempt
The Bombay High Court on Wednesday reprimanded the Maharashtra government for failing to ensure smooth functioning of the disaster management units in Mumbai and its suburban areas. The HC also warned the government of issuing a notice for aggravated contempt, for not implementing its orders.
A division bench of Justices Abhay Oka and Mahesh Sonak said, “It is not perhaps, it cannot be the case of the government that the issues of severe water scarcity and other manmade or natural disaster are not plaguing the state. However, it is apparent that the state disaster management authority (SMDA) is virtually not functioning or in any case, not functioning with the seriousness which is expected of it under the Disaster Management Act (DMA).”
“So far as the functioning
The government, now, even after constituting such units have not made them functional and this can be seen from the fact that the said units never met or discussed the issues in this regard
of such units in Mumbai City and suburbs is concerned, the position is even worse. It is apparent that despite numerous orders of this court, the government has reluctantly constituted SDMAs for Mumbai and its suburbs. But these authorities are not at all made functional,” the bench observed.
The observations were made in response of the “lethargic and casual approach” of the government in dealing with this matter.
The government, in the first place, constituted District Disaster Management Units after the HC passed strictures against it, in a series of orders. The government, now, even after constituting such units have not made them functional and this can be seen from the fact that the said units never met or discussed the issues in this regard.
Earlier this year, when the bench had sought a response from the government on the functioning of such units, the additional chief secretary on an affidavit claimed that the units have conducted a few meetings.
It was only after the bench sought minutes of the said meeting, it came to light, that the said units never held any meeting. In fact, the additional chief secretary had submitted the minutes of the meeting conducted by the Brihanmumbai Municipal Corporation's (BMC's) disaster management cell.
The bench had then slammed the secretary for blindly forwarding the documents to the court without cross checking the same.
The bench was hearing a plea filed by activist Sanjay Lakhe-Patil seeking setting up of independent disaster management units in all the districts of Maharashtra.
On previous hearings, the bench had also noted that the government has failed to maintain special funds for disaster management relief.
Accordingly, in its Wednesday's orders, the judges have by way of last chance, directed additional chief secretary of Maharashtra government to ensure all units are functional and also that funds are maintained as per the DMA. If this time, the secretary fails to comply with the orders, the judges have warned of issuing notices against him for aggravated contempt of the court, by not implementing its orders in letter and spirit. The next date of hearing is on February 1.