- (1.) On 26th February, 2016, this Court referred to the letter dated 25th February, 2016, written by the Joint Secretary (Policy & Plan) of the National Disaster Management Authority (N.D.M.A.) to the Chief Secretaries of all the States requiring them to frame minimum standards of relief for victims of disaster. Paragraphs 2 and 3 of the said letter were reproduced in the order and the Chief Secretaries of each of the States were directed to comply with the said letter within three weeks and submit their responses to the Union of India apart from filing the same before this Court. Additionally, a direction was issued to file affidavit with regard to the compliance of Sections 23 and 31 of the Disaster Management Act, 2005, (for short, 'the Act').
(2.) It is submitted by the petitioner, who is appearing in-person, that he has received copies of the affidavits from the States of Assam, Jharkhand, Madhya Pradesh, Haryana and Manipur. From the office report, it is demonstrable that nine States/Union Territory, namely, Tamil Nadu, Madhya Pradesh, Haryana, Bihar, Assam, Jharkhand, Chhattisgarh, Manipur and Union Territory of Puducherry, have filed their respective responses. Learned counsel for the other States undertake to file the response within four weeks hence. The copies thereof shall also be sent to the N.D.M.A. so that appropriate steps can be taken.
(3.) At this juncture, the petitioner would submit that as per Section 11 of the Act, a "National Plan" is to be drawn up by the National Executive Committee, but the same has not yet been done. Section 11 of the Act reads as follows:- "11. National Plan. - (1) There shall be drawn up a plan for disaster management for the whole of the country to be called the National Plan (2) The National Plan shall be prepared by the National Executive Committee having regard to the National Policy and in consultation with the State Governments and expert bodies or organisations in the field of disaster management to be approved by the National Authority. (3) The National Plan shall include- (a) measures to be taken for the prevention of disasters, or the mitigation of their effects; (b) measures to be taken for the integration of mitigation measures in the development plans; (c) measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster situations or disaster; (d) roles and responsibilities of different Ministries or Departments of the Government of India in respect of measures specified in clauses (a), (b) and (c). (4) The National Plan shall be reviewed and updated annually. (5) Appropriate provisions shall be made by the Central Government for financing the measures to be carried out under the National Plan. (6) Copies of the National Plan referred to in sub-sections (2) and (4) shall be made available to the Ministries or Departments of the Government of India and such Ministries or Departments shall draw up their own plans in accordance with the National Plan." Ms. V. Mohana, learned senior counsel appearing for the Union of India, would submit that there is a policy, but the plan has not yet been finalized. After obtaining instructions, she has submitted that the National Plan shall be drawn up regard being had to Section 11 of the Act within eight weeks hence.;