SC refuses to intervene in the Joshimath issue
The Uttarakhand government, represented by deputy advocate general Jatinder Kumar Sethi, informed the court about the proceedings pending before the Uttarakhand high court.
The Supreme Court on Monday refused to entertain a petition to declare the land subsidence in Joshimath as a national disaster because it found “substantial overlap” with a pending proceeding before the Uttarakhand high court, where the petitioner was asked to approach.
“A substantial overlap emerges between these proceedings and the proceedings of which the high court (of Uttarakhand) is in seisin,” a bench headed by Chief Justice of India Dhananjaya Y Chandrachud said. By seisin, the apex court meant the HC is possessed of the matter.
“Since there has been an assumption of jurisdiction by the high court under Article 226 of the Constitution, the specific aspects which have been sought to be highlighted in these proceedings can be addressed before the high court for redressal,” said the bench that also included justices PS Narasimha and JB Pardiwala.
The petition before the top court was filed by Swami Avimukteshwaranand Saraswati, seeking a slew of directions. These included a direction to involve the National Disaster Management Authority in the evacuation of residents, financial support and compensation, immediate stoppage of state-owned power utility NTPC’s Tapovan Vishnugad hydropower project, a high level expert committee to recommend development of inhabited and densely populated settlements in the state, and a monitoring committee to oversee safety, security and rehabilitation of Joshimath residents.
The Uttarakhand government, represented by deputy advocate general Jatinder Kumar Sethi, informed the court about the proceedings pending before the Uttarakhand high court. He referred to an order passed on January 12 by which NTPC had stopped construction of the project and the state government enforced a January 5 ban on all constructions in Joshimath. The Delhi high court, too, received a petition with regard to the Joshimath crisis, but stayed its hands, awaiting the proceedings before the top court, he added.
“This involves right to life of citizens in Joshimath. Children are not getting medical attention. People are being shifted from their homes due to cracks having developed and are taken to places which are equally unsafe,” The petitioner said through its lawyer Sushil Kumar Jain.
“We don’t want to use these proceedings for sound bytes for social media...If high court is seized of the matter, as a matter of first principle, we will allow those proceedings to go on,” the bench said. “Is not the high court of Uttarakhand vested with the power to oversee the situation?”
The bench permitted the petitioner to institute a fresh petition raising all grounds before the high court, or even intervene in the pending proceedings. “Since the petitioner has raised issues pertaining to relief and rehabilitation, we request the high court that in the event of a petition being moved in that behalf, it may consider the grievance with all reasonable dispatch,” it said.
Last week, while allowing the petition to be listed for Monday, the bench had said: “Everything that is important in this country need not come to us. There are democratically elected institutions to see this.”
According to Swami, the land subsidence at Joshimath occurred due to large-scale industrialisation. He sought immediate financial assistance and compensation for the people staying in the affected areas of Joshimath town in Chamoli district.
“No development is needed at the cost of human life and their ecosystem, and if any such thing is to happen, then it is the duty of the state and Union government to stop the same immediately at war level,” his petition said.
