HC defers flood relief petitions, directs Punjab to file affidavit only after crisis subsides

The Punjab and Haryana High Court today asked the State of Punjab to file an affidavit “when crisis is over” after six weeks 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 – during the course of hearing – asserted that 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 the State file an affidavit but only after the flood crisis is over. File after six weeks.”

Referring to the ground situation, the Bench asserted that government 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 cognizance 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 before the Bench was filed “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” by Shubham – a lawyer and a resident of Fazilka district.

Among other things, he sought judicial intervention of 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 the apex court, while the other matters are posted for October 28.