Public interest litigation alleging irregularities in ex-gratia flood relief distribution was disposed of after the State accepted the possibility of errors and promised corrective action without requiring the petition to be kept pending.
None. The petition was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Appellate Side
CRIMINAL WRIT PETITION NO.3080 OF 2005
Salvador Swami (Edward). .. .. Petitioner
v/s.
1. State of Maharahstra & ors. .. Respondents
Mr.P.M.Havnur for petitioner.
Mr.Santosh Narwade i/by Mr.M.M. Vashi (Amicus
Curaie).
Mr.R.M.Kadam, Advocate General with Mrs.A.S.Pai,
APP for State.
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CORAM : H.L. GOKHALE &
V.M. KANADE, JJ.
DATED : 11th January 2007
P.C. :
1. Heard the learned Counsel for the parties.
2. This PIL makes a grievance that when the
relief was given to the persons affected in the
floods which took place on 26th July 2005 some
wrong persons were given the benefit. It is
contended that some of them were dead and some
were not from the affected area at the relevant
time. The State filed a reply disputing the bona
fides of the petitioner and, therefore, Mr.Mukesh
Vashi, Advocate, was requested to appear for the
petitioner as an Amicus Curaie. Mr.Narwade is
present for Mr.Vashi.
3. An Affidavit in reply has been filed
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earlier on behalf of the State by one Mr.Krishna
S. Vatsa, Secretary (Relief and Rehabilitation),
pointing out as to how huge was this
rehabilitation measure. Today, another Affidavit
has been filed by one Shri Praveen Srivastava,
Joint Secretary, Relief and Rehabilitation in
which it is pointed out that there were 4,96,309
destitute families and 23,51,755 destitute persons
in Mumbai Sub-urban District and the total number
of destroyed houses were 7072. The ex-gratia
amount distributed was Rs.212 Crores.
Subsequently it is stated in this Affidavit that
considering the large scale flood relief
disbursement, the remote possibility of some
persons or families receiving ex-gratia amount
by misrepresentation cannot be ruled out. It is,
therefore, specifically accepted that in such
cases the State Government will not spare such
persons who are responsible for the
misappropriation and appropriate action will be
initiated in accordance with law.
4. This Affidavit candidly accepts that there
could be some errors and if noticed they will be
corrected, in our view, there is no reason to keep
this PIL pending any further.
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5. Mr.Havnur appearing for the petitioner has
shown us some photographs to submit that when the
distribution was done, the local Corporators,
MLAs, office bearers of political parties were
present. In our view, there is nothing wrong in
it. They are representatives of the people and
there is nothing wrong if they participate to help
in such calamities. On such a submission, the
efforts taken by the State cannot be faulted in
any manner.
6. In view of the above, the PIL is disposed
of.
(H.L. GOKHALE, J.)
(V.M. KANADE, J.)
Salvador Swami (Edward)
State of Maharahstra
H.L. Gokhale
V.M. Kanade
As recorded by the court registry
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