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2017 Supreme(SC) 445

MADAN B.LOKUR, DEEPAK GUPTA
Gaurav Kumar Bansal – Appellant
Versus
Union of India – Respondent


JUDGMENT :

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 actio
















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