1 ITEM NO.301

COURT NO.7

SECTION PIL(W)

S U P R E M E C O U R T O F RECORD OF PROCEEDINGS Writ Petition(s)(Civil)

I N D I A

No(s).857/2015

SWARAJ ABHIYAN

Petitioner(s) VERSUS

UNION OF INDIA AND ORS.

Respondent(s)

(With appln.(s) for interim directions and office report)

.IN

Date : 01/08/2016 This petition was called on for hearing today. CORAM :

Mr. Ms. Mr. Mr. Ms. Mr. Mr. Ms. Mr.

P.S. Narsimha, ASG V. Mohana, Sr. Adv. Ajit Sinha, Sr. Adv. Rajiv Nanda, Adv. Movita, Adv. Mukul Singh, Adv. M.K. Maroria, Adv. Akhila J., Adv. Neeraj Kumar Sharma, AOR

IV

EL

Prashant Bhushan, AOR Rohit Kr. Singh, Adv. O. Kuttan, Adv. Adil Sahifuddin, Adv.

W W

W

For Respondent(s) UOI

Mr. Mr. Mr. Mr.

.L

For Petitioner(s)

AW

HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA

A.P.

Mr. Guntur Prabhakar, AOR Ms. Prerna Singh, Adv.

Bihar

Mr. Gopal Singh, AOR Mr. Manish Kumar, Adv.

Chattisgarh

Mr. Jugal Kishore Gilda, AG Mr. A.P. Mayee, Adv. Mr. A. Selvin Raja, Adv.

Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2016.08.02 17:15:41 IST Reason:

Gujarat

Ms. Hemantika Wahi, AOR Ms. Aagam Kaur, Adv. Mr. Soumi Kundu, Adv.

Haryana

Mr. Anil Grover, AAG

2 Dr. Monika Gusain, AOR Mr. Satish Kumar, Adv. Mr. Tapesh Kumar Singh, AOR Mr. Mohd. Waquas, Adv. Mr. Aditya Pratap Singh, Adv.

M.P.

Mr. C. D. Singh, AOR Ms. Sylona Mohapatra, Adv. Mr. Udit Arora, Adv.

Maharashtra

Mr. Mahaling Pandarge, Adv. Mr. Nishant R. Katneshwarkar, AOR

Odisha

Mr. Sibo Sankar Mishra, AOR Mr. Umakant Mishra, Adv. Mr. Niranjan Sahu, Adv.

Telangana

Mr. S. Udaya Kumar Sagar, AOR

U.P.

Mr. Mr. Mr. Mr. Mr.

AW

.IN

Jharkhand

IV

EL

Irshad Ahmad, AAG Vinay Garg, AOR Deepam Garg, Adv. Upendra Mishra, Adv. Uday Singh, Adv.

have

W W

We

W

.L

UPON hearing the counsel the Court made the following O R D E R heard

the

learned

Additional

Solicitor

General and learned counsel for the petitioner. An affidavit has been filed by the Union of India on 26th July, 2016 and a response thereto has been filed by the petitioner on or about 29th July, 2016. During the course of hearing, several issues have arisen from the affidavit filed by the Union of India. These have been discussed in detail and we are not noting down all these issues since learned Additional Solicitor General has noted them down and assured that he will get back

to

us

with

further

and

better

particulars

with

3 regard to the implementation of the directions that have already been passed in this case from time to time. Learned counsel for the petitioner has pointed out several additional issues, particularly with regard to the non-compliance of certain directions given by this Court.

These have already been noted by the learned

Additional Solicitor General. We have requested learned counsel for the petitioner

.IN

that if there are any facts and figures that are required

AW

to be brought to the notice of this Court he should inform the learned Additional Solicitor General couple of

EL

days before the next date of hearing so that he can take

issued both with regard to MNREGA,

.L

with the directions

IV

instructions in that regard, particularly in connection

W

the National Food Security Act, crop loss compensation

by

W W

and restructuring of loans. learned

counsel

for

It has also been pointed out

the

petitioner

that

effective

steps have not been taken to inform ration shops under the

Public

Distribution

System

to

comply

with

the

directions that have been issued and there has been some lack

of

Mid-Day

compliance Meal

of

Scheme.

the

directions

Learned

regarding

Additional

the

Solicitor

General says that this is a general allegation but he will get back on this and confirm whether the information given by learned counsel for the petitioner needs to be acted upon.

4 Learned Additional Solicitor General points out that Section 47 of the Disaster Management Act, 2005 has not yet been brought into force and he says that the mandate cannot, therefore, be complied with and the particular direction given on 11th May, 2016 in this regard needs to be reconsidered. We

have

noted

that

Section

47

of

the

Disaster

Management Act, 2005 has not been enforced.

says

that

he

learned

will

Additional

.IN

General

this,

inform

us

AW

Notwithstanding

with

Solicitor regard

to

measures for mitigation of disasters including financial that

have

been

taken,

EL

measures

as

mentioned

in

the

IV

affidavit filed by the Union of India.

W

.L

List the matter on 14th September, 2016 at 10.30 a.m.

W W

(SANJAY KUMAR-I) AR-CUM-PS

(JASWINDER KAUR) COURT MASTER

National Disaster Mitigation Fund.pdf

A.P. Mr. Guntur Prabhakar, AOR. Ms. Prerna Singh, Adv. Bihar Mr. Gopal Singh, AOR. Mr. Manish Kumar, Adv. Chattisgarh Mr. Jugal Kishore Gilda, AG. Mr. A.P. Mayee, Adv. Mr. A. Selvin Raja, Adv. Gujarat Ms. Hemantika Wahi, AOR. Ms. Aagam Kaur, Adv. Mr. Soumi Kundu, Adv. Haryana Mr. Anil Grover, AAG. WWW.

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