HC raps govt. for not implementing Disaster Management Act

The Bombay High Court on Friday came down heavily on the Maharashtra government for repeatedly failing to follow court orders in implementing the Disaster Management Act.

A Division Bench of Justice Abhay Oka and Justice Riyaz Chagla was hearing a public interest litigation (PIL) filed by Dr. Sanjay Lakhe Patil from the NGO Marathwada Anushesh Nirmulan Aani Vikas Manch. The PIL highlights the non-implementation of the Disaster Management Act.

On January 19, the High Court passed a detailed 35-page order on the steps and measures the State needs to undertake in order to implement the Act in its true spirit. The court had granted the State three months to do so, but nothing was done.

Contempt notice

The court said the Act is “crystal clear” and it is the State government’s obligation to establish a Disaster Management Authority for each district. The State government’s stand that just one authority is enough for Mumbai and Mumbai Suburban districts is “simply disastrous,” it said.

Earlier in the day, the court had issued a contempt of court notice to Medha Gadgil, Additional Chief Secretary, Maharashtra, over the matter.

The court said, “Why is there an anxiety and insistence to go contrary to the law and our orders? If the State government is inconvenienced with our orders or the Act, then challenge it. The government has committed a wilful breach of the court’s orders.”

However, later in the day, government pleader Abhinandan Vagyani got a letter from Ms. Gadgil assuring the court that separate authorities will be set up in Mumbai and Mumbai Suburban districts within 15 days.

The court accepted the letter and recalled the contempt notice. The bench said if the respective authorities are not constituted by May 4, it would be considered an “aggravated” contempt.