The court after going through the submitted affidavits found that the District Level Disaster Management Authorities for Mumbai and Mumbai Sub-Urban Districts had not even held a single meeting.
The Bombay High Court on Wednesday, directed the chief secretary of the state government to ensure proper functioning of the District Disaster Management Authority, for Districts of Mumbai and Suburban Mumbai, as expeditiously as possible.
A division bench of Justice Abhay Oka and Justice M S Sonak warned the government that if its directions are not complied with by January 31, 2019, it would amount to aggravated contempt. It said "There are serious issues like flooding of urban areas and drought in rural areas. For a number of years, the designations as contemplated under the Disaster Management Authority were not even constituted by the State. Since such authorities have been substantially constituted now, there is complete inaction and lethargy when it comes to effective functioning."
The court after going through the submitted affidavits found that the District Level Disaster Management Authorities for Mumbai and Mumbai Sub-Urban Districts had not even held a single meeting. With regard to the functioning of the State Disaster Management Authority the bench said, "It cannot be that issues of severe water scarcity and other problems of natural disaster do not plague the State. It is quite apparent that the SDMA is virtually not functioning or not functioning to its expected capacity."
The bench also objected to the non-compliance of its earlier orders by saying "If, the provisions of sections 48 and 49 are to be interpreted in manner suggested by the State government, then, such an interpretation, will not further the establishment of institutional mechanism for prevention and mitigation effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation." The direction was given during the hearing of a petition filed by Sanjay Lakhe Patil, highlighting the issue of non-compliance of the Disaster Management Act.
COURSE OF ACTION
- If directions are not complied with by Jan 31, it would amount to aggravated contempt, the division bench warned govt
- The bench objected to the non-compliance of its earlier orders while hearing a plea filed by Sanjay Lakhe Patil
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