STATE LAW UPDATES

SC asks petitioners in Joshimath case to approach Uttarakhand HC for relief

A public interest litigation sought financial aid and wanted the crisis in the hill state’s pilgrim town of Joshimath declared a national disaster. The high court is already hearing a plea on the issue

The Supreme Court on January 16 asked a petitioner who filed a public interest litigation (PIL) to approach the Uttarakhand High Court with a plea that sought the top court’s intervention for financial aid and to declare the crisis in the hill state’s pilgrim town of Joshimath a national disaster.

The Bench

The petition, which was heard by a bench comprising the CJI and Justices PS Narasimha and JB Pardiwala, also sought financial assistance and compensation for the residents of Joshimath.

  • An application pertaining to the Joshimath crisis is already being heard by the high court.
  • As the counsel for the petitioner kept making submissions despite Chief Justice of India (CJI) DY  Chandrachud offering a solution, the CJI said: “You don’t want to use this proceeding for social media sound bytes.”
  • The SC took note of the fact that: “On January 12, 2023, a Division Bench of the HC passed directions in relation to Joshimath in a PIL pertaining to the glacial burst that led to sudden flooding and loss of life.”
  • The bench observed that the application in the HC specifically highlighted the situation in Joshimath and the HC, while entertaining it, had underscored the importance of associating experts in the fields of hydrology, geology, geomorphology and landslides “with any study which may be undertaken by Uttarakhand.”
  • The Bench observed that the HC had asked the State to strictly enforce ban on construction in Joshimath. The SC that the application in the Uttarakhand HC significantly overlaps with the PIL brought before it.
  • Observing that the HC had already begun hearing the application pertaining to Joshimath, the bench asked the petitioners to either intervene in the proceedings or file a fresh plea raising these issues.
  • Religious leader Swami Avimukteshwaranand Saraswati filed the PIL about recent incidents of houses and building developing cracks in Joshimath because of the sinking of land, Moneycontrol reported last week.
  • Since the ground subsidence disaster, teams of scientists and other experts  have been visiting the site.

Source:  S.N.THYAGARAJAN –  MoneyControl

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