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Synopsis

The Delhi High Court on Monday sought a 'detailed status report' from the Delhi government in a Public Interest Litigation (PIL) seeking immediate relief measures like free ration, medical assistance, sanitary provisions and other essentials for people at the Yamuna flood relief camps in the national capital.

During the hearing, Advocate KR Shiyas appearing for the petitioner submitted, “This is regarding the flood situation in Delhi. Before my submissions, I would like to share the latest reports of today's morning water level”.

On the other hand, Delhi Government’s Standing Counsel Santosh Kumar Tripathi opposed the plea and said, “Firstly, he has filed this petition and circulated it in the media, even before the hearing in the court. The media has published widely about this petition, the prayer etc. Secondly, without approaching the areas, the flood areas, without due diligence the petition has been filed”.

“If your Lordships may see, the cabinet has taken the decision to provide financial assistance. Every camp has all basic amenities”, he added.

Furthermore, the standing counsel said, “…I have serious objection to this kind of petition…it should not be circulated in the media. It reflects differently in public domain as if the government is doing nothing”.

Calling the petition filed for a “genuine cause”, the division bench of Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee sought a detailed status report from the Delhi government. Accordingly, the court posted the matter for September 13.

The plea moved by Dr. Akash Bhattacharya, a former Professor of Azim Premji University has sought directions to the Delhi government to notify the flood as a natural disaster under the Disaster Management Act, 2005 and also to provide immediate cash assistance of Rs. 50,000 for those who have lost their shelter.

The professor has filed the plea through Advocate KS Shiyas, and through the plea he has contended that the flood that happened in the Yamuna flood plain is the most devasting calamity occurred in Delhi since 1978.

“That the lackadaisical response from authorities cost the livelihood of hundreds of poor and destroyed their sole shelter which contained household items to important documents which proves the existence of the concerned”, the plea stated.

It further stated that the Delhi government has a constitutional as well as statutory obligation to provide immediate assistance to the victims of natural calamity under the Disaster Management Act, 2005 and that the flood will constitute a disaster under the Section 2(d) of the Act.

Case Title: Dr. Akash Bhattacharya v. Delhi Disaster Management Authority through Chairperson Lt. Governor & Anr.