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Patna High CourtCWJC/1097/2018disposed

Peoples Union For Civil Liberties P U C L v. The Union Of India And ORS

2019-02-19Mr. Justice Jyoti Saran,Mr. Justice Arvind Srivastava4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1097 of 2018 ====================================================== Peoples Union for Civil Liberties (PUCL), Bihar through its General Secretary, namely, Shri Sarfaraz Uddin, having its Regional Office at 204, Neelgari Bhawan Apartment, West Boring Canal Road, P.S.- Buddha Colony, Patna.

... ... Petitioner/s

Versus

1. The Union of India through Cabinet Secretary, Government of India, New Delhi.

2. The Secretary, Department of Water Resources, Government of India, New Delhi.

3. The Secretary, Department of Earth Sciences, Government of India, New Delhi.

4. The India Metrological Department through Director General, Government of India, New Delhi.

5. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

6. The Principal Secretary, Department of Water Resources, Government of Bihar, Patna.

7. The Principal Secretary, Department of Home, Government of Bihar, Patna.

8. The Principal Secretary, Department of Disaster Management, Government of Bihar, Patna.

9. The Principal Secretary, Department of Health and Family Welfare, Government of Bihar, Patna.

10. The Principal Secretary, Department of Rural Works, Government of Bihar, Patna.

11. The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

12. The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

13. The Principal Secretary, Department of Public Health Engineering Department, Government of Bihar, Patna.

14. The Principal Secretary, Department of Planning, Government of Bihar, Patna.

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15. The Bihar State Commission for Child Rights Protection through Chairman, 22 B, Harding Road, Patna

16. The Bihar State Commission for Women through Chairman, Patna.

17. The Bihar State Disaster, Management Authority through Secretary, Patna.

18. The National Disaster Management Authority through Secretary, NDMA Bhawan, Safadarjung Enclave, New Delhi

19. The Principal Secretary, Department of Education, Government of Bihar, Patna.

20. The Central Water Commission through the Chairman, Central Water Commission, Room No. 313 (South), Sewa Bhawan, R K Puram, New Delhi

21. The Director (RMC), Central Water Commission, Room No. 313 (South), Sewa Bhawan, R K Puram , New Delhi

22. The Chief Engineer, Central Water Commission, Rajender Nagar, Patna800016

23. The District Magistrate, Darbhanga.

24. The District Magistrate, East Champaran.

25. The District Magistrate, Katihar.

26. The District Magistrate, Khagariya

27. The District Magistrate, Madhepura.

28. The District Magistrate, Buxar.

29. The District Magistrate, Bhagalpur.

30. The District Magistrate, Saharsa.

31. The District Magistrate, Samastipur.

32. The District Magistrate, Sheohar.

33. The District Magistrate, Sitamarhi.

34. The District Magistrate, Supaul.

35. The District Magistrate, Vaishali.

36. The District Magistrate, Begusarai.

37. The District Magistrate, Arariya.

38. The District Magistrate, Bhojpur.

39. The District Magistrate, Gopalganj.

40. The District Magistrate, Muzaffarpur.

41. The District Magistrate, Kishanganj.

42. The District Magistrate, Nalanda.

43. The District Magistrate, Patna.

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44. The District Magistrate, Purnea.

45. The District Magistrate, Saran

46. The District Magistrate, Siwan.

47. The District Magistrate, Supaul.

48. The District Magistrate, West Champaran.

49. The District Magistrate, Lakhisarai.

50. The District Magistrate, Madhubani.

51. The District Magistrate, Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. None For the Respondent/s :

Mr .Anshuman Singh, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 19-02-2019 None appears on behalf of the petitioner.

Mr. Anshuman Singh, Assisting Counsel to Advocate General, submits that the issue raised by the petitioner in respect of Disaster Management on the aspect of disposal of the dead human bodies during flood condition has been answered by the respective District Magistrate(s) and the affidavit explains the steps taken in this regard by them. This matter was taken up yesterday and when learned counsel for the petitioner, while accepting the position and being satisfied by the response of the respondents, had limited his argument to the relief prayed in paragraph 1(vi) which required a

4/4 direction to the concerned authorities in the department of disaster management headed by the respondent no.8 to formulate specific District Disaster Management Plan in each of the district. Mr. Singh, learned AC to AG in reference to the counter affidavit filed on behalf of the respondent no.6, particularly paragraphs 4 to 10 thereof, submits that exhaustive measures have been taken towards a planned approached in handling adversities during flood time. Having considered the submissions of learned State Counsel, the affidavit filed on behalf of the District Magistrate and the affidavit of the Principal Secretary, respondent no.6, we are satisfied that the issue does not require any further persuasion. The writ petition is, accordingly, disposed of. (Jyoti Saran, J) ( Arvind Srivastava, J) Nasimul/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25-02-2019 Transmission Date N/A