The High Court disposed of a PIL seeking directions for flood management and relief in Kolhapur and Sangli, holding that the prayers were too omnibus to be adjudicated. The Court directed petitioners to make an appropriate representation to the Chief Secretary of the State Government.
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401-PIL.84.2024
Jvs.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 84 OF 2024
Adv. Sushant Sanjay Patil & Ors. } Petitioners versus The Union of India & Ors. } Respondents
Mr. Anand S. Patil for petitioners.
Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Ms. G. R. Raghuwanshi, AGP for respondents 2, 3 and 5 to 8.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.
DATE: 15th JULY 2024
P.C.:
1. This PIL petition, though expresses concerns which may be genuine in nature on account of floods annually being caused in districts Kolhapur and Sangli, however, the prayers made in the petition are so omnibus in nature that for the Court it is not possible to adjudicate the issues raised and the prayers made in the petition. The prayer clause of the PIL petition is extracted hereunder: -
“(a) Be issue Rule;
(b) This Hon’ble Court be pleased to call for relevant record and proceedings from the office of Respondents and after going through the legality, validity and propriety of the same, may direct the Respondents to take out certain & workable solution to tackle with the episode of calamity of flood and
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water logging in the Sangli and Kolhapur district if the similar situation would have been arose like 2019 & 2021.
(c) This Hon’ble Court be pleased to further direct respondents to take action against the responsible officers, public servants and other responsible persons who failed in their duty to tackle the flood situation & failed in their duty to take all the precautionary measures to deal with the flood situation in accordance with law and punish them accordingly.
(d) This Hon’ble Court be pleased to further direct the Respondents to make proper management of dam water in Krishna River and also its tributaries in Kolhapur, Sangli and other District so that henceforth no such water logging and flood should cause due to administrative lapses and in violation of rules.
(e) This Hon’ble Court be pleased to direct the District Disaster Management Authority formed in each district of Sangli and Kolhapur to act upon in accordance with Disaster Management Acct 2005 and execute the disaster management plan strictly in compliance thereto.
(f) This Hon’ble Court be pleased to direct the respondent no. 2 to grant appropriate financial aid and assistance to the flood affected people in Kolhapur and Sangli District to the extent at par with Karnataka Government considering the losses suffered by the People.
(g) This Hon’ble Court be pleased to direct the respondents no. 1, 2, 4 and 5 to consider & implement the suggestions given by the Shirol Taluka Purgrast Anyay Niwaran Sangharsh Samiti by way of precautionary measures to tackle with the issue of massive water logging and flood.
(h) This Hon’ble Court be pleased to direct the respondents no. 1, 2, 4 and 5 to make available NDRF rescue team in the Kolhapur & Sangli District right from the rainy season with all requirements equipments like boats, tents, etc. with them.
(i) This Hon’ble Court be pleased to direct the respondents no. 1, 2, 4 and 5 to rehabilitate the people who have sufffered loss in the massive flood situation arose in the year 2019 and 2021 in the Kolhapur and Sangli district.”
2. The petitioners are, thus, seeking a direction to the State Government authorities to find out some workable solution to meet the challenges being posed by the calamities of floods and water logging. Thus, the prayers, in our opinion, cannot be appropriately adjudicated and granted by the Courts.
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3. Accordingly, we permit the petitioners to take up the issues raised in this petition by making an appropriate and exhaustive representation/application to the Chief Secretary of the State Government, who shall look into the same and take appropriate decision to minimize the ill-effects of floods and water logging in the districts aforesaid.
4. With the aforesaid observations, the PIL petition is disposed of.
Digitally signed by JAYANT JAYANT VISHWANATH VISHWANATH SALUNKE SALUNKE Date: 2024.07.15 17:12:28 +0530
(AMIT BORKAR, J.) (CHIEF JUSTICE)
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1 issue framed by the court
Whether the omnibus prayers in the PIL regarding flood management and relief could be adjudicated by the Court.
Adv. Sushant Sanjay Patil & Ors.
The Union of India & Ors.
Devendra Kumar Upadhyaya
Amit Borkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
