Delhi High Court
Ashok Kumar vs Delhi Disaster Management ... on 31 October, 2019
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 31st October, 2019
+ W.P.(C) 11504/2019 and CM Nos.47280/2019
ASHOK KUMAR ..... Petitioner
Through: Petitioner in person
versus
DELHI DISASTER MANAGEMENT AUTHORITY & ORS
..... Respondents
Through: Mr. Devesh Singh, ASC(Civil)-
GNCTD with Ms. Sukriti Ghai, Advs. for R-1
to 5
SI Talib Khan from PS Neb Sarai
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 31.10.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 11504/2019
1. This Public Interest Litigation has been preferred with the
following prayers :
"(i) Issue an appropriate Writ, Order or Direction in the
nature thereof to the Respondent No.l for providing shelter,
food, drinking water, healthcare and other essential reliefs
for rehabilitation of the victims of the fire disaster took
place on 27-10-2019 on the evening of the Diwali festival in
jhuggis situated at Neb Sarai, New Delhi and also to pay
compensation to the victims of the disaster in accordance
with the statutory provisions of the section 66 of the disaster
management act;
(ii) issue an appropriate writ, order or direction in the
nature thereof to the respondent no.l to take necessary steps
for reconstruction of the necessary documents of the victims
which includes the Identity/Adhar Cards, School Certificates
of their children and also to provide the school books,
school dress and other required needs;
(iii) issue an, appropriate writ, order or direction in the
nature thereof to the respondent nos.2 and 3 for taking
necessary departmental action against the concerned police
officers/officials of P.S.-Neb Sarai, South District, Delhi and
Fire Department and the Respondent Nos.4 and 5 in
accordance with the statutory provisions of the Section 66 of
the Disaster Management Act, 2005 for their failure to
perform their duties as per the Disaster Management Act,
2005 in regard to the fire incident took place on 27-10-2019
in the jhuggis at Neb Sarai, New Delhi.
(iv) Issue such other or further appropriate Writ, Order or
Direction as this Hon'ble Court may deem fit and proper, in
the interest of justice."
2. Having heard petitioner in person and counsel for the Respondent
Nos. 1 to 5, it appears that because of fire incident, which took place on
27th October, 2019 on the evening of Diwali festival in jhuggi cluster
situated at Neb Sarai, New Delhi, the present petition has been preferred
for compensation to the victims of the incident as per the Disaster
Management Act, 2005. It is submitted by petitioner in person that a
representation dated 29th October, 2019 (Annexure P-3 to the memo of
this writ petition) is pending before the Chairman, Delhi Disaster
Management Authority, Delhi. It is further submitted by petitioner in
person that his representation be appreciated by the concerned respondent
authorities and the food, shelter, drinking water and other essential
amenities for the rehabilitation of the victims may be provided in
accordance with law within a stipulated time.
3. In view of the aforesaid submissions and looking to the facts and
circumstances of the case and also looking to the fact that there is a
representation pending with the Chairman, Delhi Disaster Management
Authority, we direct the respondents to appreciate the representation of
the petitioner in accordance with law, rules, regulations and Government
policy applicable to the facts of the case and if the victims are entitled for
the compensation under the Disaster Management Act, 2005, the same
shall also be paid in accordance with law after proper identification of the
victims, as early as possible and practicable.
4. With these observations, this writ petition is hereby disposed of.
CM Nos.47280/2019 (directions)
1. In view of the disposal of the writ petition, this application stands
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
OCTOBER 31, 2019/kr
