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)
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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
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Prashant Bhushan, AOR Rohit Kr. Singh, Adv. O. Kuttan, Adv. Adil Sahifuddin, Adv.
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For Respondent(s) UOI
Mr. Mr. Mr. Mr.
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For Petitioner(s)
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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.
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Jharkhand
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Irshad Ahmad, AAG Vinay Garg, AOR Deepam Garg, Adv. Upendra Mishra, Adv. Uday Singh, Adv.
have
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We
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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
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that if there are any facts and figures that are required
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to be brought to the notice of this Court he should inform the learned Additional Solicitor General couple of
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days before the next date of hearing so that he can take
issued both with regard to MNREGA,
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with the directions
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instructions in that regard, particularly in connection
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the National Food Security Act, crop loss compensation
by
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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
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General
this,
inform
us
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Notwithstanding
with
Solicitor regard
to
measures for mitigation of disasters including financial that
have
been
taken,
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measures
as
mentioned
in
the
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affidavit filed by the Union of India.
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List the matter on 14th September, 2016 at 10.30 a.m.
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(SANJAY KUMAR-I) AR-CUM-PS
(JASWINDER KAUR) COURT MASTER