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Synopsis

"Once there is assumption of jurisdiction by HC, it can look into the issues raised", said the Supreme Court today, while refusing to entertain a PIL filed on the recent land sinking incidents in Joshimath.

When the matter was taken up today, CJI Chandrachud led bench asked the petitioner as to what the status of the case before the High Court was. To this, the Counsel appearing for State of Uttarakhand told the bench that the state was already acting on the issue.

Advocate Sushil Kumar Jain then submitted before Court, "People are dying milord. Our plea is about relief and rehabilitation."

Court on hearing this said, "If High Court is looking into it, you must move them for redressal. If we hear this, we deprive High Court of an opportunity to hear the case."

Thus, while noting that the relief sought in the instant petition overlapped with the proceedings before the High Court, the bench also comprising Justices Narasimha and Pardiwala ordered,

"We request the Hight Court to look into the prayers made by Advocate Sushil Kumar Jain, appearing for the petitioner, once he approaches it."

On January 10, while observing that all issues must not come to it directly, the Supreme Court had agreed to hear the instant PIL on January 16, i.e., today.

After the PIL was mentioned before a CJI Chandrachud led bench which refused urgent hearing in the matter, the bench further said,

"Everything important in the country can't come to us, there are democratically elected institutions in the country that can look after such issues..."

 

Notably, the PIL seeks a direction to declare Joshimath as a National Disaster and a direction for the National Disaster Management Authority to actively support the residents of Joshimath.

The plea has also prayed for financial assistance and compensation to the residents of Joshimath.

In a related plea, the Delhi High Court had directed a lawyer appearing in person in a PIL filed seeking direction to the Centre to form a high-powered joint committee to investigate the sinking of Joshimath in Uttarakhand, to check whether a similar request has been made in the Supreme Court as well.

The PIL, before the High Court, seeks direction to the representatives of all pertinent ministries, which are involved in people's rehabilitation, to look into the sinking issue right away for the affected areas of Joshimath.

It states that it is imperative that the government of India recognises the hardship of the residents of the Garhwal region of Uttarakhand and take action to give them access to the necessities for a decent living.