HC: We Cannot Direct State Government to Declare Drought Situation
Bombay high court on Thursday clarified that they cannot direct the state government to declare drought situation in Maharashtra. A bench of Justices Abhay Oka and Mahesh Sonak’s observation came on a petition by activist Sanjay Lakhe-Patil following the 2016 drought in Maharashtra for implementing the Disaster Management Act, 2005. Lakhe-Patil recently filed an urgent application for the declaration of drought.
Ranjit Pawar Advocate of Lakhe-Patil said, according to the disaster management manual government will declare the drought situation till 31st October, and urged the HC to direct the government to declare a drought.
“Declaration of drought has drastic consequences. It is not for the writ court to direct. There will be disastrous consequences if the writ court starts doing it,” remarked Justice Oka. Pawar said notifying a drought situation will enable the government to seek aid from the Centre. “Unless a notification is taken out, it cannot seek the Centre’s help. The state has to carry out certain exercises ‘ he added. The government pleader said the state was carrying.
The state government said to the high court that they will take a decision on drought situation till October 31. Over the statement, the judges noted that disaster committees for Mumbai city and suburbs have not held meetings and sought names of chairpersons to issue them notices for contempt of court.
“Entire monsoon not a single meeting was held the law requires the committee to hold such meetings,”remarked Justice Oka. Advocates for the two committees said the meetings were held with BMC, to which the bench said that “it was never intended to be a meeting of disaster management authority”. The next hearing will take place on November 1.
