Observing that the State Disaster Management plan still remains on paper as a draft for six years, the Madras High Court, on Tuesday, observed that last year’s December floods could have been averted if the plan was in place. The First Bench of Chief Justice S.K. Kaul and Justice R. Mahadevan made the observation on a batch of PILs to find out the reasons for last year’s floods, and to remove encroachment in the waterbodies across the city.
“The plan should have been drafted into the provisions of the 2005 Act long time ago. The fact remains that after six years, the plan is still at the draft stage!” the Bench observed.
“Had the plan been done, possibly the situation which arose last year could have been avoided,” it noted. Pointing out that it had raised the issue of the upgradation of the Disaster Management Plan in its last order as it was of “vintage 2010”, the Bench said that the affidavit of the Revenue Department, the first respondent, only stated that the draft State Disaster Management Plan was prepared during 2010 as per the mandate of Section 23(1) of the Disaster Management Act, 2005,
According to the affidavit, it was shared with the National Disaster Management Authority and thereafter, updated by the National Disaster Management of Anna Institute of Management as per the National Disaster Management Authority guidelines. Commenting on the affidavit, the Bench said the plan was still in the draft stage.
Referring to the another affidavit filed by the Public Works Department (PWD), the Bench said: “Thus, on the one side, it has been contended that the reason for flooding was the growth of unregulated slum areas numbering 28 on the Banks of River Adyar and yet, on the other hand, there is reluctance to take action against the encroachments. We say so, as in respect of Buckingham Canal, which has been declared a waterway under the National Waterways Act, 2016.”
The submission of the State government was found unacceptable as the issue was again of the shrinking space of the Buckingham Canal on account of the encroachments. We also find that the authorities have stated that action was taken from January to March 4 to clear the banks of Adyar and thereafter, the State Elections intervened, it noted.
Pointing out that nothing has been said as to what had happened from the end of May till the end of August, the judges said: “This suggests that once again nothing has been done.” The Bench also directed the authorities concerned to file “a better affidavit” within a week and posted the petitions to September 7 for further hearing.
