COURT ON ITS OWN MOTION Vs. THE STATE OF JHARKHAND
LAWS(JHAR)-2014-8-31
HIGH COURT OF JHARKHAND
Decided on August 06,2014

COURT ON ITS OWN MOTION Appellant
VERSUS
THE STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) In a tragic accident on Sunday afternoon (15.12.2013), an overcrowded boat capsized in Ranchi Lake also known as Bada Talab leaving at least four persons dead including an advocate and about five other persons injured, has raised questions as to whether all the Boating Centres in the State of Jharkhand are fully equipped with safety measures and, therefore, the said news item was taken cognizance as a Public Interest Litigation by the Court on its own Motion. The State of Jharkhand has immense potential in the tourism sector owing to the aesthetic beauty of the State, moderate climate and the hub of natural resources found here. Harnessing of the alluring water bodies to meet the growing demands for amusement should go hand in hand with setting of proper safety standards and redressal mechanisms. The grim incident at the Ranchi Lake on 15.12.2013 exposed that there are lack of safety measures for boating services in Bada Talab and other amusement places.
(2.) In response to the notice, respondents were directed to file the response on the following queries:-- "(i) The name of the places viz. Lakes, Dams, Water Bodies and other Amusement places where Water Recreation facilitating boating and other related activities are available; (ii) To inform the Court as to whether the Boating and other Water Recreation Facilities are operated by the Tourism Department or whether they are licensed to any individual/private agencies; (iii) If so, the agencies, who are running the boating services and other facilities and the manner in which the licence is granted to those private agencies; (iv) Whether the persons who are operating the boating facilities are skilled and whether any expert swimmer goes along with the boat, whether any life jackets or other safety measures are made available to the visitors on the spot; (v) The checks and controls of the Department of Tourism over these Boating Centres in providing sufficient safety measures to the visitors; (vi) Whether any rule/regulations are in place ensuring safety of the visitors; (vii) To inform the Court about the check and controlling measures available in the Water Recreation spots to ensure the safety of the persons, different visitors, who take dip in the water in those Water Recreation Spots; (viii) Measures taken or intended to be taken ensuring safety of the visitors/tourist who visit these spots of water recreation are available."
(3.) Respondents have filed counter affidavit stating that the Department of Tourism has no information about the availability of life support appliances at Boating Centres. It is further stated that it does not have any check or control system in place at present to monitor safety at recreational boating sites and also there is no organized supervision by any other agency including the District Administration. It is stated that the accident at Bada Talab in Ranchi on 15.12.2013 has made the Tourism Department conscious of the dire necessity to take immediate action in this direction.;


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