Fayaz Bukhari
SRINAGAR, Nov 18: The Jammu and Kashmir High Court today directed the Government to furnish expenditure details of Rs 1000 crore State Disaster Relief Fund (SDRF) meant for the flood victims.
The Division Bench of Jammu and Kashmir High Court comprising Justice MH Attar and Justice D S Thakur today directed the State Government to submit necessary information before the court about the manner in which Rs 1000 crore was spend on the flood victims.
The bench in its order said: “Learned counsel for State respondents to inform the court what is the present status in respect of present issue. Necessary information in this behalf be filed during the course of the week.”
The direction was passed after the amicus curie Advocate G A Lone submitted that he is having information that Rs 1000 crore have been sanctioned by the Central Government (Under SDRF) as interim measure for the benefit of victims of flood and nothing is known as to in which mode and manner the said amount has been spent.
Court also directed union counsel that if it is a fact that the amount has been sanctioned then he also provide necessary information to the court in this connection.
Advocate Lone also argued before the court that Central Government according to his information has asked the State Government to furnish the particulars of all those persons whose property have suffered complete or partial loss so that compensation may be deposited in their accounts. Court also sought information in this behalf from the State Government.
In terms of previous directions, Divisional Commissioner Kashmir as well as Relief Commissioner Kashmir were supposed to file response with regard to those persons who on the account of recent floods were displaced from their areas and were accommodated in the tented accommodation but no response till date was filed.
“Before next date which is November 25, response shall be filed by both Divisional Commissioners”, said the bench.
Court also sought response from all Deputy Commissioners of the State in terms of previous directions where in they were directed to file the report by next date after verifying the claims of those flood victims whose houses were damaged in floods.
State counsel submitted before the court that huge number application of flood victims have been received by the Deputy Commissioners and sought five days time to file the response. He also apprised the court that Director Information has complied the court directions.
Director Information was directed that he should publish a general public notice in two leading newspapers of the State, for those who were displaced from their areas on account of recent floods to approach the concerned Deputy Commissioners within three days period with regard to issue that they are living in tented accommodations.
Meanwhile, the High Court has also sought response from the State Government on the allegations of negligence on its part that caused huge loss of life and property during recent floods and on severe punishment to the responsible officers.
A division bench of the High Court comprising Justice MH Attar and Justice D S Thakur today directed the Government to file reply affidavit during the course of this week in PIL alleging therein that negligence on part of authorities is a criminal negligence which caused huge loss of life and property during recent floods and severe punishment to responsible officers has been prayed in the instant PIL.
Earlier on September 29, Court had issued notice to State Government on a Public Interest Litigation (PIL) seeking formation of Special Investigation Team (SIT) to investigate criminal negligence of officials during floods and their punishment.
The PIL filed by Advocate Azhar-ul-Amin alleged that the recent flood caused heavy loss of life as well as property in the State due to negligence on part of the State authorities.
In the PIL, Advocate Azhar-ul-Amin states that officers responsible for act of omission and commission deserved to be punished appropriately. He sought direction for constitution of special investigation team to investigate the role of officers guilty of criminal negligence in taking measures and further punishing those officers in accordance with law who are found guilty in such type of criminal negligence.
Advocate Amin states that the measures those were required to be followed in accordance with flood manual were not taken and the acts of omission and commission of the State Government ranging from criminal negligence to direct acts of interference with flood protection measures, structural and non-structural has caused inundation of most parts of the capital city of Srinagar.
Holding Divisional Commissioner Kashmir, Chief Engineer Irrigation and Flood Control Kashmir, Chief Engineer R&B Department Kashmir, Chief Engineer Public Health Engineering Department Kashmir and Deputy Commissioner Srinagar personally responsible, Advocate Amin submitted there was direct interference with the embankments of river Jhleum in Srinagar which has serpentine course and instead of strengthening, widening or reinforcing the embankment it was fiddled with.
“Tall claims of Government to face the flood situation actually and factually proved false. Instance are galore where timely measures could have prevented breaches but there were no sand bags or appropriate officials to plug smaller breaches those took horrendous proportions for lack of proper management. State machinery was totally absent on the fateful day” reads the petition.
“Flood forecasting and warning is an important measure for minimizing loss of life and property, but both warning and forecasting by Meteorological Department was ignored. In this regard State needs to explain as why forecast and warning was criminally neglected and measures to coup up with the flood were not appropriately taken at appropriate time”, petition reads.
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