Excelsior Correspondent
Srinagar, Apr 13: Jammu and Kashmir High Court today lashed out at Chief Secretary of the State for his “casual response” and “irresponsible comments” on last year’s floods that caused havoc in Kashmir.
The division bench of the Jammu and Kashmir High Court comprising Justice MH Attar and Justice B S Walia on Chief Secretary’s report filed before the court observed that he (CS) has been always casual about the court direction and there is always irresponsible comments made by him in other PILs in which he is a party.
The court made these observations against one of the paras of CS in which he mentioned that he (CS) had said that no human far-sight or skill could have reasonably done anything to prevent last year’s floods.
“At the very outset it is most respectfully submitted that the natural calamity that hit the valley of Kashmir in particular, in the month of September, 2014 given the magnitude, enormity and velocity of the calamity no human far-sight or skill could have reasonably done anything to prevent it, nor any embankment or dam constructed using all proper and reasonable care in making or maintaining the Dam and embankment could have withstood its onslaught”, reads the report of CS.
The PIL filed by advocate Azhar-ul-Amin has alleged that there was criminal negligence on part of the authorities in dealing with last year’s floods. The court asked advocate Amin to file response to the consolidated report of Chief Secretary.
Advocate Amin also made strong exceptions before the court with regard to report of CS and submitted that the report of CS is totally false and frivolous and he (Amin) will prove it before the court. Court with these submissions granted two weeks time to him to reply the report of the CS.
CS in its report on one hand states that the administration did take adequate measures of cautioning people about the floods and special programme was launched through electronic media informing people of the fast changing flood scenario and the impending danger to life and property. And on the other hand says: “We all know there were rains, water building up but nobody could forecast the extent and intensity of rains and their effect for such duration and nobody expected that Kashmir would be inundated in such a devastating way. “The CS report says: “Warning given to people was taken lightly by them, believing that flood water had never touched their areas in the past.”
Petitioner Counsel Jahangir Iqbal Ganaie raised issue before the court about the houses that have not collapsed but are unsafe for living as they were extensively damaged in last year’s deluge. He had sought classification of the houses damaged in the last year’s deluge.
“Mr Chashoo, AAG submitted that the affidavit will be filed within two weeks time, detailing clarification for classification of damaged residential and other properties. Prayed allowed let the affidavit be filed within two weeks time”, said the Court.
“In order to streamline the issue, learned counsel for the respondents to produce the compliance report as also copy of norms fixed for declaring a house fully damaged, severely damaged or partially damaged, by or before next date”, court had directed.
Court in other direction ordered State authorities to upload the information of Central Government on website, regarding financial assistance sanctioned by the Central Government for the flood affected victims.
“Meanwhile, State authorities are directed to upload the information on the website within one week, which is being monitored by the authorities in Central Government so as to enable them to provide additional financial assistance which stand already sanctioned”, court directed.
Court in an application filed by one of the flood affected whose house got severally damaged in Sonwar area in the floods directed DC Srinagar to provide him necessary assistance in shape of compensation. He has been directed to be present before the court on next date of hearing in case he fails to provide succor to the flood victim.
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