A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing a PIL by Naee Roshni Social Organisation filed by advocate Sahood Anwar Naqvi. (File)The Bombay High Court on Monday pulled up the Maharashtra government for being “completely remiss” in taking a decision on reorganising the civil defence set-up in the state by integrating it with the State Disaster Management Authority (SDMA).
The court was hearing a PIL seeking civil defence centres in the state to deal with natural calamities. It warned the state that if an appropriate decision is not taken within a month, it may initiate action under the Contempt of Courts Act, including securing personal presence of the principal secretary (Home). Chief Justice Dipankar Datta and Justice Makarand S Karnik were hearing a PIL filed by Sharad Raul, a retired revenue official – through advocate Rakesh Bhatkar – seeking the establishment of civil defence centres in Ratnagiri and Sindhudurg districts, which are prone to natural calamities.
The plea said that six coastal districts were declared “multi-hazardous areas” in 2011 and directions were issued that civil defence centres be set up there. However, such centres have not been established in Ratnagiri or Sindhudurg. As per the plea, the centres — to be set up under the Civil Defence Act, 1968 – would provide assistance and protection to individuals and properties against any “hostile attack” or natural calamities, such as cyclones, earthquake, flood, fire and explosion, among others.
The HC noted that the state’s proposal to integrate the civil defence mechanism with SDMA has been pending for over five years. On May 2, the HC was informed by Additional Government Pleader B V Samant that the matter was expected to be placed before the state Cabinet for a decision. The HC had then posted the next hearing to June 6 to enable the state to inform it about the Cabinet decision. On Monday, Samant said the matter is yet to reach the Cabinet, as it is pending with the home department. The department has now request that an extension of two months be sough from the court, he added.
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“…we have no hesitation to observe that the state government has been completely remiss in taking a final decision on the aforesaid proposal,” the HC said while granting a “last opportunity” to the state to place on record an appropriate decision taken on the proposal.
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