MADAN B.LOKUR, J. - (1.) These two writ petitions were filed under Article 32 of the Constitution consequent upon the unprecedented flood and landslide disaster that occurred in Uttarakhand in 2013. Undoubtedly the disaster led to widespread damage to life, limb and property and according to the petitioners, the adverse impact of the disaster could have been mitigated had there been effective implementation of the Disaster Management Act, 2005 (for short 'the Act') and adequate preparedness by the State Government of Uttarakhand. It was alleged in the writ petitions that many of the other States were also not fully prepared to deal with a disaster and therefore necessary directions ought to be given by this Court for proper implementation of the Act.
(2.) This Court took up the petitions in public interest and required responses to be filed by the State Governments. However, as per the normal practice, the State Governments were lax and extremely slow in filing affidavits. The Union Government was also a little slow in ensuring that the Act is implemented in letter and spirit. Resultantly and apparently on the prodding of this Court, the Union Government took some positive action and on 25th February, 2016 a communication was sent to the Chief Secretaries of all the States by the Joint Secretary (Policy and Plan) of the National Disaster Management Authority (for short 'the NDMA'). Through this letter, the NDMA required the Chief Secretaries of all the States to frame minimum standards of relief for victims of disaster. This Court also required the Chief Secretaries to formulate (among other things) guidelines on minimum standards of relief for food, water, sanitation, medical cover to be provided to persons affected by a disaster and also special provisions to be made for widows and orphans. Unsurprisingly, there was again some laxity in complying with the directions of this Court.
(3.) On 5th April, 2016 it was brought to the notice of this Court that Section 11 of the Act requires the drawing up of a National Plan for disaster management in consultation with State Governments and expert bodies or organizations in the field of disaster management. It was brought out that while there is a policy document but the National Plan has not yet been finalized.;