Not every issue of urgency must be taken up by the Supreme Court when democratically elected institutions are addressing it, Chief Justice of India (CJI) Dhananjaya Y Chandrachud said on Tuesday, posting a public interest litigation (PIL) into land subsidence in Uttarakhand’s Joshimath for a hearing on January 16.
Even as the petition was mentioned for an immediate listing, the CJI remained emphatic that courts may not be the only resort of redressal in all kinds of issues.
“Everything which is important in the country need not come to us. There are democratically elected institutions to see this. They can deal with what falls under their control. We will keep it on 16th (Jan),” justice Chandrachud responded after the petitioner’s lawyer demanded an urgent listing of the matter.
On Monday, the CJI refrained from assigning a date of hearing to the petition filed by Swami Avimukteshwaranand Saraswati as the plea was mentioned out of turn for urgent listing.
Swami filed his petition on Saturday, imploring the court to declare the incidents of landslides, subsidence, land sinking, land burst, and cracks in the land and properties as a “national disaster”, necessitating a scheme for disaster relief and rehabilitation. It sought a directive for the National Disaster Management Authority to actively support the residents of Joshimath.
The plea blamed large-scale industrialisation for the subsidence and sought immediate financial assistance and compensation for the residents.
{{/usCountry}}The plea blamed large-scale industrialisation for the subsidence and sought immediate financial assistance and compensation for the residents.
{{/usCountry}}“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,” the petition said.
It added the petition was filed to secure the life and personal liberty of the people of Joshimath, where lives are in danger due land subsidence.