Karnataka High Court
Mr Siji Malayil vs Union Of India on 4 November, 2024
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NC: 2024:KHC:44146-DB
WP No. 19409 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT PETITION NO. 19409 OF 2024 (GM-RES-PIL)
BETWEEN:
1. MR SIJI MALAYIL
ADVOCATE
AGED ABOUT 50 YEARS
S-510, SOUTH BLOCK
MANIPAL CENTRE
M.G. ROAD
BANGLAORE - 560 042.
2. MR. SUBHASH CHANDRAN K R
Digitally ADVOCATE ON RECORD
signed by
PRABHAKAR B-29, INDIAN EXPRESS APARTMENTS
SWETHA MAYUR KUNJ
KRISHNAN DELHI - 96.
Location: ...PETITIONERS
High Court of
Karnataka (BY SRI SURYA S., ADVCOATE FOR
SRI SHREYAS KUMAR, ADVOCATE)
AND:
1. UNION OF INDIA
THROUGH ITS SECRETARY
MINISTRY OF HOME AFFAIRS
NORTH BLOCK
-2-
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WP No. 19409 of 2024
CENTRAL SECRETARIAT
NEW DELHI - 110 001.
2. STATE OF KARNATAKA
THROUGH CHIEF SECRETARY
M.S. BUILDING
AMBEDKAR VEEDHI,
BANGALORE
KARNATAKA - 560 001.
...RESPONDENTS
(BY SRI H. SHANTHI BHUSHAN, DSGI FOR R1 &
SMT. NILOUFER AKBAR, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR
DIRECTION DIRECTING THE RESPONDENTS TO TAKE ALL
POSSIBLE STEPS BY CLEARING THE ENTIRE DEBRIS ROUND THE
CLOCK TO 10CATE THE STRANDED HUMAN LIFE AND VEHICLES
BY USING SCIENTIFIC METHODS & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
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WP No. 19409 of 2024
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. S. Surya for learned advocate
Mr. Shreyas Kumar for the petitioners, learned Deputy Solicitor
General of India Mr. H. Shanthi Bhushan for respondent No.1-
Union of India and learned Additional Government Advocate
Smt. Niloufer Akbar for respondent No.2-State of Karnataka.
2. This petition was filed as public interest petition. Petitioner
No.1 happens to be a practicing advocate in the High Court of
Karnataka and petitioner No.2 is a practicing advocate in the
Supreme Court.
3. The petition came to be filed in the wake of a massive
landslide that occurred at Shirur Village, Ankola, Uttara Kannada
District, Karnataka on 16.07.2024. The devastating mishap took
place at National Highway-66 in Uttara Kannada District following a
heavy rainfall. It was stated that the huge soil formations fell over
the roadside tea shop into the Gangavali river. The place, falls
within the jurisdiction of Ankola police station.
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3.1 It was stated that Shirur is located between Mangaluru and
Goa on National Highway No.66 and this stretch at the national
highway has steep hill on one side and Gangavali river on the
other. It was stated that due to landslide, at least one Bharat Benz
truck bearing registration No.KA-15-A-7427 and some other three
cars went missing. The causalities were reported, which were as
many as eleven in number. The public interest petitioners had a
grievance about the rescue operations.
3.2 What was prayed in the petition was to direct the
respondents to take all possible steps round the clock, by clearing
the debris and to take care of stranded human life and vehicles. It
was also prayed to direct the Union of India to depute Indian Army
forces for the rescue operations, looking to the urgency and
seriousness.
4. In response to the notice, the respondents appeared through
their respective advocates and filed their affidavit detailing the
aspect of rescue operations. It was stated that the operations were
immediately carried out upon happening of the mishap. This Court
dealt with the matter, and the orders were passed from time to time
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directing the authorities to take immediate steps to ensure that the
life and property is not further damaged or jeoparadised and the
rescue operations are continued uninterrupted with due swiftness.
5. In order dated 24.07.2024, the Court took note of the report
filed by learned Deputy Solicitor General of India regarding the
measures undertaken by the authorities to handle the situation
obtained post-landslide. On 05.08.2024, further order was passed
in which the efforts and measures undertaken by the authorities
were further delineated. It was stated that notwithstanding the
impediments created because of heavy rains and floods, the
rescue operations were carried on in full swing and all possible
attempts were made to search out the missing persons.
5.1 The authorities deployed, in addition to the other rescue
agencies, the teams of Natural Disaster Response Force (NDRF),
the State Disaster Response Force (SDRF) as well as the army
and Indian Navy Teams to speed up the rescue worth. In all,
eleven persons were found missing since the date of landslide and
eight bodies were recovered. It was so noted in the order dated
05.08.2024 on the basis of the affidavit filed by the respondents.
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5.2 Today when the petition came up for consideration, it was
stated by learned Deputy Solicitor General that even the remaining
one body along with the lorry which has gone missing and which
was not recovered so far, has now been traced and recovered. It
was submitted that the situation is now back to normal and the
vehicular traffic is also restored at the place.
5.3 Learned advocate for the petitioners fairly concurred that
rescue operations were carried out and all the bodies are now
recovered. It was stated that two bodies could not be found,
despite strenuous efforts. About resumptions of traffic, learned
advocate for the petitioners could not dispute the statement.
5.4 The operations are discontinued in that regard. The Court
finds that all efforts were made committedly and reasonably and no
further action is required.
6. Learned Additional Government Advocate further stated that
in case of two unrecovered bodies, the State Government has
announced ex gratia compensation of Rs.5,00,000/- each to the
family of the dead and the same is under process for payment. It is
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directed that the compensation shall be paid within two months by
complying all the formalities.
7. In the above light, the present public interest petition is not
required to be continued any further, and the same is disposed of,
closing the proceedings.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
CR
