Excelsior Correspondent
SRINAGAR, Sept 10: Jammu and Kashmir High Court today made Union Finance Secretary as party to the PIL seeking rehabilitation of last year’s flood victims and sought status report from him regarding status of flood package sought by State Government from Centre.
The direction was passed by a Division Bench of the Jammu and Kashmir High Court when union counsel S A Makroo submitted before the Court that he may be granted some time to get the latest status about the further sanctioned amount for the flood victims.
Court observed that Finance Secretary (GoI) is not the party in PIL as such made party to him and directed him to file the status report about the flood relief by October 6.
“The Finance Ministry shall file response by October 6. The State Government was also directed to file the status report regarding the amount released to the beneficiaries and any further relief to be provided to the other beneficiaries already identified”, directed the Division Bench of Chief Justice N P Vasanthakumar and Justice B L Bhat.
Meanwhile, Union Counsel through status report filed by Ashok Shukla (Ministry of Home Affairs) apprised the court about proposal for release of Special Package of Rs. 44,000 crores. “It is submitted that the said proposal is under consideration before the Ministry of Finance and out of which, a special package of Rs 1667 crores has been announced by the Finance Ministry on 16-06-2015”, reads the status report of Home Ministry.
Report of Ministry has given the breakup of the Special Package of Rs 1667 crores and submitted that Rs 838 crore on account of pending liabilities of the Prime Minister’s reconstruction plan 2004, Rs 551 crore additional ex-gratia relief for repair and reconstruction of damaged Kucha houses, Rs 172 crore for the tourism sector and Rs 59 crore as subsidy of providing additional food grains and Rs 47 crore for repair of damaged roads.
It has also been stated before the court that a High Level Committee under the Chairmanship of Union Home Minister approved an assistance of Rs. 1602.56 crore to the State from NDRF, subject to adjustment of 90 percent balance in State Disaster Response Fund (SDRF).
“The sanction of the balance amount is under the consideration of the Ministry of Finance. It is also stated that the joint team led by the Department of Economic Affairs and the World Bank carried out Rapid Damage and Need Assessment in February this year and finalized component as part of the J&K Flood Recovery project”, says the report.
Court observed to the counsels representing Centre as well as State: “It is very low amount and the flood of such a magnitude is to be given much importance and one year has passed, still you are not deciding. This amount is peanuts as it is around 9 percent of the Rs 44, 000 crore package sought by the State .You are not having the particulars. You have to account for every penny. For the flood affected court buildings and library we had submitted a proposal for Rs 11 crores and no amount is released so far. Without a library how High Court can function.”
The Assistant Solicitor General of India also produced a letter of National Disaster Management Authority (7-3-2015), which says out of the PM relief fund, Rs 367.69 crores were released for damaged houses 1.09258. The ASGI sought further time to get instructions from Finance Ministry regarding this aspect.
”Secretary Finance Ministry, GOI, being not a party in this PIL and this court is of the opinion that the Secretary Finance ministry is to be impleaded as party to get instructions regarding the sanction of further amount. The AAG for State seeks time to file status report regarding utilization of the amount already sanctioned and the total number of beneficiaries already identified”, bench said.
The matter was pending before the Supreme Court and a committee was ordered to constitute by the High Court to assess the damages. Pursuant to the direction, Registrar Vigilance of High Court is heading the committee and is proceeding with the assessment.
“The Registrar Judicial is directed to expedite the process of identification as directed by the SC and submit a report by September 30. State Government also is directed to file the status report regarding the amount released to the beneficiaries and any further relief to be provided to the other beneficiaries already identified”, directed the bench.
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