File affidavit on flood relief pleas after crisis is over: HC to Punjab 

The Punjab and Haryana High Court today asked Punjab to file an affidavit “when the crisis is over” on a bunch of petitions filed in public interest seeking relief and rehabilitation for flood victims.

The Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry said the court had made an earnest request to the petitioners to hold their hands till the crisis was over. But the petitioners were insisting on the issuance of notice. “Instead of issuing notice, the court directs that state file affidavit, but only after crisis of flood situation is over. File after six weeks.” 

'Don't cause obstruction'

Please don't cause any obstruction. The moment we issue a notice, some people will be pulled out of that disaster management and will have to sit on a table to prepare a reply for these petitions.

-- HC Bench

Referring to the ground situation, the Bench asserted the governmental and private bodies were helping the flood victims. The disaster relief teams and the Army were “there”. Everybody was working hard. “Please don't cause any obstruction. The moment we issue a notice, some people will be pulled out of that disaster management and will have to sit on a table to prepare a reply for these petitions,” the court observed.

Appearing before the Bench, State Advocate-General MS Bedi submitted that the Supreme Court, on September 4, had already taken cognisance of the floods in another matter. He added that the prayers before it comprehensively addressed nearly all aspects of the floods’ causes and consequences.

One of the petitions was filed by Shubham, a lawyer and resident of Fazilka district, “in the wake of devastating floods between August 25 and 29 that severely impacted Punjab and adjoining areas of Haryana, affecting thousands of lives and properties”.

Among other things, he sought judicial intervention to direct authorities to provide timely relief and rehabilitation, implement provisions of the Disaster Management Act, 2005 and the Dam Safety Act, 2021, operationalise early warning systems, ensure public health safeguards, conduct technical audits of flood-control infrastructure, and undertake floodplain zoning.

The plea also sought the constitution of a court-monitored oversight committee to supervise implementation and file periodic reports. It stressed that the matter raised substantial legal issues concerning statutory duties of public authorities in disaster preparedness, response, and management, besides enforcement of fundamental rights under Articles 14 and 21.

Advocate Angrej Singh submitted that the ground-level response was grossly inadequate and that the state had failed to act in line with its statutory obligations. He argued that there was “poor coordination between Punjab, the Union government and disaster management agencies,” which had created serious gaps in relief and rescue operations. He withdrew the petition to approach then apex court, while the other matters are posted for October 28