Govt yet to pay ex-gratia compensation, assessment of damages incomplete

* Complaints of relief pilferage from several areas

Neeraj Rohmetra

Jammu, Oct 12: Contradicting claims of State Government, which had demanded a ‘special financial package’ worth Rs 44,000 crores from Centre for rehabilitation of people, who suffered due to floods and for restoration of damaged infrastructure, Supreme Court appointed panel has categorically stated that the on ground, even the assessment of the damaged properties has so far been not completed across the State.
Despite repeated assurances by several higher-ups in the administration for providing equitable distribution of free relief material, no efforts have been made to gear up distribution system and the situation on ground in both Kashmir and Jammu division was in contrast to the claims of top politicians of State including several Ministers.
This revelations had been made by the five-member panel, whose report was circulated among the counsel of petitioner, Prof Bhim Singh and counsel of the State Government, after it submitted its Interim Report before the Apex Court on October 10, when the case pertaining to flood relief operations was listed before the Bench headed by Chief Justice of India, H L Dattu.
The five-member panel, which had been given mandate by the Supreme Court to ascertain the efficacy of the relief operations in the State, has discovered major discrepancies between the claims of the State Government and the situation on ground. The panel comprised the Convenor-Suresh Kumar, Registrar General High Court, President Bar Association of Kashmir, Mian Abdul Qayoom and President Bar Association Jammu, M K Bhardwaj and Director, Union Ministry of Home Affairs, Sanjay Agarwal. Fifth member of the Penal-Vinod Koul, Revenue Secretary-cum-Relief Commissioner has not signed the report.
Revealing the contents of report, sources privy to the petitioner Vasundhara Pathak Masoodi, told EXCELSIOR, “as per the report large number of affected persons, who interacted with the panel had complained that assessment of most of their damaged properties has so far not been made”.
“The assessment of the damaged properties has so far not been completed in the State. Consequently, ex-gratia in respect of damage or loss of property has not been granted so far. Shockingly, even the ex-gratia in respect of lives lost has not even been fully paid in whole of State”, says the report adding, “it is required to be disbursed expeditiously to provide succour to the concerned”.
The report says, “the Government is required to complete the process of assessment at the earliest so that life is re-built and restored to the normal. Large number of houses at Srinagar city and other districts of the State remained submerged for days together in the flood waters from 10 to 30 feet. Some houses had even already collapsed or partially damaged. Indeed, it is an unprecedented situation which requires appropriate and adequate response from the State”.
Concerned over the plight of sufferers, the report says, “concrete steps are required for speedy rehabilitation of the flood affected people, whose house have been collapsed or severely affected and are residing in tents, make shift places or with their relatives. Efforts should be made on war-footing for their speedy rehabilitation, so as to provide them shelter, which is a basic human right”.
The Report punctured claims of Government about its relief operations across the State and has emphasised that the free ration hasn’t been distributed properly in several districts of the State, particularly in Srinagar and Udhampur. “Handling post flood situation is undoubtedly a herculean task, but coordinate efforts backed by comprehensive and wide-ranging planning could prove helpful. The distribution machinery at the district level is required to be geared-up and revamped so that relief material is equitably distributed to the needy and flood affected people”.
Elaborating further about the post-calamity relief operations, the Report says, “members of the Committee visited Srinagar district in September, October and had interacted with people from different shades of life residing in the worst flood hit areas including Rajbagh, Ikhraj Pora near silk factory, Jawahar Nagar, Mehjoor Nagar, Kursu Raj Bagh, Indira Nagar, Shivpora etc. Though, the Government claims that it has supplied free ration to the flood affected families including blankets etc. but the common refrain in these flood affected areas of city is that people in these areas had not got any relief from Government side so far”.
“They rather, claim that the State had left them to fend for themselves and there is intense anguish and resentment against the official authorities for not providing them any relief and help. The complaints of this nature have also poured from other areas, such as Karan Nagar, in the city. In fact, it has been brought to the notice of some of members including the Convenor that free ration etc. has been distributed to the areas and to the persons who are not at all affected by the flood, in whatever way by some vested interests, for the sake of appeasing them, at the cost of the deserving persons”, says the Report.
The document says, “the Committee members visited the Community Hall of Custodian, Evacuee Property at Sanat Nagar, Srinagar, where 27 families from Raj Bagh, Batmaloo, Bemina and Sonawar etc are putting up. Warden of the Hall, Mohd. Amin Bhat and few other local volunteers including Hilal Ahmad Tantray and Tariq Ahmad Dar were also present there. All members present claimed that they have got no free ration from Government. In fact, volunteers stated that kitchen (langer) even is being run with the ration donated by locals and no ration has been provided by the State Government”.
Contradicting the claims of authorities, the Report says, “it may not be disputed that the State through CAPD and other agencies has supplied the material to the concerned authority for distribution, but relevant criteria is whether it has reached the deserving flood affected persons, who have lost their home and hearth, who needed it most or it had pilfered somewhere down the chain? There is nothing for us to disbelieve the assertion of the large number of people in these areas, who were randomly chosen by us and from whom we ascertained with regard to this aspect”.
Even in Jammu division, situation was no different and the relief had failed to reach the people, who had suffered in the natural calamity.
Citing example, the Report says, “the Saddal village of tehsil Moungri in Udhampur District, was a small helmet perched on a hillock, with 121 household. It got perished on September 9, 2014, under the landslide caused by incessant rains, causing deaths of 23 persons and 17 persons are still missing, after a month, whose fate one can very well guess. The Committee members had met 50 odd persons, in presence of concerned Additional Deputy Commissioner, Tehsildar, DySP, at Panjar, where a camp has been made for survivors of this helmet. It was shocking to hear that each household had only got only 03 (three) Kilograms Atta and 04 (four) Kilograms Rice as a free ration so far till October 7, instead of 50 Kg ration for month of September and 35 Kg for the month of October, as the ration of October is distributed by 5th of the month”.
“Jatinder Singh Jamwal, CJM, Udhampur, who is also the member of the Core Committee constituted by the SALSA for Udhampur District, shared with us that similar complaints had been received by him earlier from other areas like Jaganoo etc. He had brought these to the notice of concerned and still no efforts have been made to gear up distribution system, in spite of assurance of equitable distribution of the relief material”, says the document.
There was ample evidence on ground to suggest that the relief is not being properly and equitably distributed in some of districts in the State properly particularly in Srinagar, Udhampur and Rajouri districts.
Even as winter looms over the State, the Committee in its report has warned, “in order to survive during the months of harsh winter, which has already set in, blankets and warm clothing are required to be distributed equitably to the flood victims, who have not received these so far. A large number of people we met in Srinagar, as mentioned hereinabove, have also made a complaint that they have not been provided blankets by the State Government.”
Elaborating further, the Report says, “the Health Department teams should visit every locality, which has been hit by the flood for necessary immunization and distribution of chlorine tablets and other required medicines etc. The Municipal authority would have to gear up its machinery to initiate a massive cleanliness drive in flood affected areas, so as to make the areas hygienically habitable and must also sanitize the areas in order to prevent spread of any disease”.
Recommending strictly banning of the construction on the beds of flood prone nallahs, rivers or areas adjacent thereto, the Committee has recommended, ” no such illegal construction should be allowed at any cost and in case of any violation, accountability must be fixed and guilty must be made personally liable”. Similarly, the laying of cables on the hilly roads towards the hillside must be adhered to. In case of any violation, accountability must be fixed and guilty must be made personally liable.
Citing example, the Committee says, “during the inspection of District Poonch that the construction has been allowed to be raised almost on the beds of nallahs and rivers. Members of the Committee wonder how the permissions were granted and constructions were allowed to be raised on the beds of nallahs and rivers. Surprisingly, at Behramgala, the police post was constructed on the bed of Suran Nallah/river”.
Referring to their interactions with Health Authorities, the Panel says, “Director, Health Services, Srinagar and Principal, SMHS, Srinagar has asserted that they have sufficient stock of medicines which have been provided by the Centre, State and NGOs etc. They have also stated that for the procurement of the required medical equipment including X-Ray and ultrasound machines, orders have been placed. The supply of essential medicines is required to be regularly made by the State and the Centre so that these flood affected persons do not suffer any more on account of shortage of medicines. Further, poor flood affected persons, who have further been pushed to the life of penury, needs to be supplied free medicines, especially lifesaving medicines and implants at least for a period of next six months”.
The Committee members visited various severely flood affected districts in the State to assess the situation, existing on the ground, with regard to different areas of concern, in terms of the directions of the Supreme Court, so as to ascertain the actual position viz-a-viz claims of the petitioners and counter claims of the State Government. The Committee had covered Srinagar district on September 30, 2014 and October 1, 2014, Kulgam and Pulwama district on October 2, 2014 and Anantnag district on October 3, 2014, in Kashmir Division. While, the Committee members visited Jammu district on October 6, 2014, Udhampur district on October 7, 2014 and Rajouri and Poonch District on October8 , 2014, in Jammu Division.