{"id":254137,"date":"2007-05-16T00:00:00","date_gmt":"2007-05-15T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/kranti-vs-union-of-india-ors-on-16-may-2007"},"modified":"2015-06-12T10:23:46","modified_gmt":"2015-06-12T04:53:46","slug":"kranti-vs-union-of-india-ors-on-16-may-2007","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/kranti-vs-union-of-india-ors-on-16-may-2007","title":{"rendered":"Kranti vs Union Of India & Ors on 16 May, 2007"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Kranti vs Union Of India & Ors on 16 May, 2007<\/div>\n
Author: A Kabir<\/div>\n
Bench: C.K. Thakker, Altamas Kabir<\/div>\n
           CASE NO.:\nAppeal (civil)  2681 of 2007\n\nPETITIONER:\nKRANTI\n\nRESPONDENT:\nUNION OF  INDIA  & ORS\n\nDATE OF JUDGMENT: 16\/05\/2007\n\nBENCH:\nC.K. Thakker & Altamas Kabir\n\nJUDGMENT:\n<\/pre>\n
JUDGMENT<\/p>\n
O R D E R
\nCIVIL APPEAL NO.    2681          OF 2007
\n(Arising out of S.L.P.(c) No. 4716\/2006)<\/p>\n
ALTAMAS  KABIR, J.\n<\/p>\n
\tLeave granted.\n<\/p>\n
2.\tThe magnitude of the problem created by the Tsunami
\nwhich hit the Andaman and Nicobar Islands on 26th
\nDecember, 2004, and the disaster left in its aftermath, is
\ndifficult to imagine and its effects  continue to  subsist and
\nhaunt the islanders  even today.\n<\/p>\n
3.\tThe Special Leave Petition filed against the judgment and
\norder passed by the Division Bench of the Circuit Bench of
\nthe Calcutta High Court at Port Blair on 16th January, 2006,
\nin Writ Petition No. 205 of 2005  recounts the various
\nproblems that were being faced by the Islanders in the wake of
\nthe Tsunami and the steps  that could be taken to mitigate
\ntheir  sufferings.\n<\/p>\n
4.\tSince it was not possible  to conclude  the hearing of the
\nappeal itself, we heard the parties on the question of grant of
\ninterim relief till such time as the appeal could be finally heard
\nand  disposed of.\n<\/p>\n
5.\tAppearing in support of the appeal, Mr. Colin Gonsalves
\nurged that on account of the Tsunami which hit the islands,
\nextensive damage had been caused to the shelters and
\nlivelihood of the islanders and in particular those inhabiting
\nthe  Nicobar group of  islands.  According to him, some of the
\nmajor problems included  scarcity of potable drinking water,
\nlack of medical facilities for  treatment of diseases which had
\nbroken out after the Tsunami, lack of food and shelter and
\ndestruction of the means of livelihood of the  inhabitants of
\nthe islands whose main occupation was  fishing and
\nagriculture.   Mr. Gonsalves urged that there was no dearth of
\nfunds for carrying out the work of rehabilitation, but the same
\nwere not being utilized in a proper manner. He urged that
\nalthough there were about 2000 applications pending before
\nthe permanent  Lok Adalat at Port Blair, not more than 100 of
\nsuch applications had been disposed of.  He urged that since
\nsessions of  the Lok Adalats were confined to  Port Blair, many
\nof  the affected people were unable to approach  the Lok Adalat
\nfor necessary compensation having regard to the geographical
\nlay out of the islands.  Mr. Gonsalves  emphasized   the fact
\nthat  inter  island transport was scarce and the time taken to
\ncome from the  Nicobar chain of islands to Port Blair took
\nabout a week  of travel time.  He urged that in order to provide
\nproper relief to the persons actually affected by the Tsunami, it
\nwas incumbent that  Lok Adalats be held on those islands
\nwhich had been severely affected by the Tsunami.\n<\/p>\n
6.\tAccording to Mr. Gonsalves, the  next acute problem was
\nhousing and that the  design of  the shelters which were to be
\nprovided by way of rehabilitation was entirely  unsuitable  for
\nthe islands where the salinity in the atmosphere  was
\nextremely high.  From reports prepared by a  team  named
\n“Integrated Design”, a part of the Tata Institute  of    Social
\nSciences (TISS) and  Habitat International Coalition,   Mr.
\nGonsalves  pointed out that steel, iron and tin and other
\nmaterials such as ceramic tiles were intended to be brought
\nfrom  the  mainland to be used in the construction of the
\nhouses to be provided as part of the rehabilitation programme.
\nHe urged that such a design was entirely unsuitable for the
\nislands where the percentage of salinity was extremely high.
\nHe urged that the steel work under the ground level would
\ncome directly in contact with saline moisture while those
\nabove ground would soon be  corroded and would after some
\ntime  damage the structures and reduce  them to
\nenvironmental hazards.\n<\/p>\n
7.\tMr. Gonsalves urged that  there was sufficient timber
\navailable for construction of  traditional shelters suitable for
\nthe islands by  the islanders themselves on account of the
\nlarge number of   trees which had been uprooted during  the
\nTsunami.  This would not only reduce the costs but make the
\nrehabilitation process more meaningful and  of lasting  benefit
\nto the persons affected by the Tsunami without destroying the
\necology and environment of the islands.  However, in the
\nstructures which had already been constructed directions
\nshould be given to complete the flooring as the monsoons
\nwere almost due.\n<\/p>\n
8.\tFurthermore, the cost of labour  which  would otherwise
\nbe paid to contractors, would be available to the islanders
\nthemselves.    Mr. Gonsalves also urged that the maintenance
\nof the structures proposed to be constructed would be
\nextremely high and would be beyond the capacity of those for
\nwhom  they were  meant, making the entire scheme an
\nexercise  in  futility.\n<\/p>\n
9.\tMr. Gonsalves then submitted that although most of the
\nfishermen have lost their boats in the Tsunami, the same have
\nnot all been replaced and even those which have been replaced
\nare unsuitable for fishing being made of fibre glass.  Mr.
\nGonsalves submitted that fishermen of the islands were used
\nto their traditional boats which were suitable for the kind of
\nfishing engaged in by them.   Apart from their practical value
\nto the fishermen, such boats called “hoodies” were made out of
\nthe trunk of the Paduak tree and were not required to be
\nregistered under the law involving payment of taxes and other
\ncharges, whereas the said rules were applicable to fibre glass
\nboats.   Connected with the aforesaid problem, is also the
\nproblem of absence of cold storages.  Mr. Gonsalves urged that
\nthe two cold storages which had been installed at Campbell
\nBay and at Car Nicobar had been destroyed by the Tsunami
\nand unless they were replaced, the fisher folk would not have
\nany means  of preserving their catch.\n<\/p>\n
10.\tMr. Gonsalves then referred to the destruction of
\nagricultural lands by intrusion of saline water which had
\nmade it impossible for cultivation.  To cure the salinity and
\nmake those lands which could be reclaimed  suitable once
\nagain for cultivation would take between six to ten years.
\nAccording to Mr. Gonsalves, about 10,000 hectares of
\nagricultural land which was used for paddy cultivation lies
\nsubmerged under sea water even till today. Out of this amount
\nof land, it appears that about 4500 hectares are not
\nreclaimable for paddy cultivation and may only be fit  for
\ncoconut plantation.\n<\/p>\n
11.\tIt was submitted that it is these persons, who had a
\nclaim to be compensated and their matters  were pending
\nbefore the Lok Adalats of which a small number is said to have
\nbeen decided.\n<\/p>\n
12.\tThe next problem which according to Mr. Gonsalves
\nrequired immediate consideration  was the employment
\nguarantee which had been given by the Administration to
\nprovide a job for one member of the Tsunami affected families.
\nAccording to Mr. Gonsalves, this scheme was based on the
\ndecision to employ local people in the construction process,
\nbut although the tribals are willing to construct their own
\nhouses in the traditional manner, contracts were being given
\nto contractors from the mainland who bring in  their own
\nlabour and materials thereby depriving the local inhabitants of
\nthe benefits of the scheme.\n<\/p>\n
13.\tThe next three problems referred to by Mr. Gonsalves in
\nrespect of  which immediate action was required to be taken
\nare perhaps the most important of all the problems.  They
\nrelate to lack of drinking water, health facilities and shortage
\nof food.   With regard to the shortage of drinking water, it was
\nsuggested that since the monsoon was around the corner,
\nappropriate directions could  be given to the local
\nadministration to arrange for preservation of the rain water by
\nmeans of rain water harvesting and construction of ponds,
\nwhere the rain water could be collected and used.  As far as
\nthe lack of health facilities was concerned, it was submitted
\nthat Campbell Bay, which has a population of about 6000
\npeople, has only one male Doctor.  There is no Lady Doctor to
\ntreat women patients and when the only doctor available goes
\non leave there is no replacement.  It was suggested that the
\nAdministration should take immediate steps to arrange for
\nmore Doctors who if necessary could be air-lifted to the
\ndifferent islands in emergent situations. It was also suggested
\nthat serious attempts should be made to provide a Lady
\nDoctor at Campbell Bay for the same purpose.\n<\/p>\n
14.\tAccording to Mr. Gonsalves, there was  urgent need  to
\ncontinue to provide dry rations to the Tsunami-affected people.
\nMr. Gonsalves submitted that although dry rations had been
\nprovided to Tunami- affected families which had been
\nidentified, such supply was for a time bound period  within
\nwhich time  such families had not been able  to rehabilitate
\nthemselves.  It was submitted that it was necessary to
\ncontinue to provide dry rations as was being done to the
\nTsunami-affected families, till such time  as the  affected
\nfamilies were able to support themselves.\n<\/p>\n
15.\tIn conclusion, Mr. Gonsalves submitted that ordinarily
\nthe families in question were being provided with two cylinders
\nof gas since replacement of empty cylinders take a long time in
\nthe islands.  He submitted that currently only one cylinder is
\nbeing supplied causing the families to remain without gas for
\nlong periods.  He urged that the system of providing two
\ncylinders should be restored.\n<\/p>\n
16.\tAppearing on behalf of the Lt. Governor of the Islands
\nand the Local Administration, Mr. T.S. Doabia submitted that
\nsteps had been taken by the Administration on war footing to
\nprovide relief to those who had been devastated by the
\nTsunami.  He urged that having regard to the geographical
\nplacing of the Islands the process of rehabilitation have taken
\nconsiderable time, but the Administration did not lack a sense
\nof urgency in rehabilitating the Tsunami-affected families.  Mr.
\nDoabia submitted that there were certain things which were
\nbeyond the control of the authorities, such as the placing of
\nmore doctors and a Lady Doctor at Campbell Bay, but earnest
\nefforts were being made to address the problem.\n<\/p>\n
17.\tRegarding the nature of houses being provided  for
\nrehabilitation, Mr. Doabia submitted that the design had been
\napproved by  experts, both local and central, belonging to the
\nPublic Works Department and also the representatives of the
\nislanders themselves who were of the view that the same
\nwould prove to be better than the traditional houses of the
\nislanders which were mainly made of wood. Mr. Doabia,
\nhowever, submitted that the matter could be re-examined in
\nrespect of the houses which are yet to be built, but as far as
\nthose which had been fully constructed, the same could not be
\nabandoned but would have to be utilized.  Regarding
\ncompletion of the flooring of the houses already constructed
\nMr. Doabia assured the Court that instructions would be given
\nto the local administration to complete the same as early as
\npossible.\n<\/p>\n
18.\tAs far as the problem of replacement of damaged boats
\nare concerned,  Mr. Doabia submitted that many of the
\ntraditional boats had been replaced by fibre glass boats at the
\noption of the islanders themselves, but in the case of boats
\nwhich are yet to be replaced a further option could be taken
\nfrom the affected fishermen.   According to Mr. Doabia, the
\nfishermen have already been provided with nets to enable
\nthem to commence fishing, which was their livelihood.\n<\/p>\n
19.\tOn the question  of supply of  drinking water, Mr. Doabia
\npointed out that in the islands there were only a few rivers
\nwhich could not be relied upon for supply of fresh water.  On
\nthe other hand, the people of the islands depended mainly on
\nwells and ground water harvesting.  According to him the local
\nadministration  had undertaken a programme to clean out and
\nrecharge the wells which had been affected by the Tsunami.
\nHowever, the local administration was willing to abide by any
\ninstructions that may be given in this regard to make  potable
\ndrinking water  available to the Tsunami-affected families.
\nWith regard to  the continuance of dry rations, Mr. Doabia
\nsubmitted that by virtue of the interim order passed in this
\nmatter, the supply of dry rations was being continued, but
\nsome of the families were no longer in need of such rations. In
\nthis regard also Mr. Doabia submitted that the local
\nadministration would have no hesitation to continue to provide
\nsuch relief in terms of the interim order passed by this Court.\n<\/p>\n
20.\tThe submissions made on behalf of the appellant and the
\nLocal Government indicate that although the work of
\nrehabilitation of the Tsunami victims has been taken up in all
\nearnest, there is still a good deal which is required to be done
\nto ameliorate the misery of the victims.\n<\/p>\n
21.\tEach of the problems elaborated by Mr. Gonsalves needs
\nto be dealt with to enable the victims of the Tsunami families
\nto cope with  the disaster.   The monsoons are due at any time
\nto add to the misery of those  who were  rendered homeless by
\nthe Tsunami.   Spread of diseases is a serious threat as also
\nthe spectrum of hunger.\n<\/p>\n
22.\tIn these circumstances  we feel that the following interim
\ndirections may be given till the appeal itself can be taken up
\nfor hearing on wider issues, namely :-\n<\/p>\n
(i)\tThe Local Administration under the guidance
\nof the Lt. Governor shall take immediate steps
\nto arrange for rain water harvesting and
\nconstruction of cemented tanks for capturing
\nrain water during the monsoons for later use
\nby the  inhabitants of the different islands.  In
\naddition, immediate steps should also be taken
\nto clean out the existing wells which had been
\npolluted by the Tsunami and to recharge  the
\nsame, so that the monsoonal rains can be fully
\nutilized. If necessary, fresh wells may also be
\ndug to augment the existing supply of water.\n<\/p>\n
(ii)\tThe dry rations being supplied to the Tsunami
\naffected families  be continued till the month of
\nOctober 2007 or until the appeal is finally
\ndisposed of, whichever is earlier.  While
\ndistributing the free rations the local
\nadministration may after holding  an enquiry
\ndiscontinue such supply to those  families
\nwhich were no longer in need of  such help.\n<\/p>\n
The Administration may also consider,
\nproviding two cylinders of cooking gas in place
\nof one cylinder as is being currently supplied.\n<\/p>\n
(iii)\tThe fishermen who are still to receive
\nreplacement for the loss of their fishing boats
\nshould be provided with such replacement as
\nquickly as possible after obtaining fresh
\noptions from them as to the type of boat which
\nthey would like to have.\n<\/p>\n
(iv)\tThe Local Administration  should  arrange for
\nthe setting up of the cold-storages at Campbell
\nBay and Car Nicobar.\n<\/p>\n
(v)\tRethinking should be undertaken  with regard
\nto the design of the shelters to be provided to
\nthe victims of the Tsunami upon considering
\nthe climatic conditions in the Islands.  The
\npossibility of construction of houses\/huts in
\nthe traditional manner and design, using
\nclimate-friendly material, such as timber,
\nshould be explored.\n<\/p>\n
(vi)\tThe Local Administration should seriously
\nconsider the placement of more doctors,
\nincluding a lady doctor in Campbell Bay and
\nCar Nicobar, whose services could also be
\nutilized in the other inhabited Islands where
\nthere are no medical facilities.\n<\/p>\n
(vii)\tThe State Legal Services Authority of the
\nIslands in collaboration with the High Court
\nLegal Services Authority of the Circuit Bench
\nof the Calcutta High Court at Port Blair may
\nconsider the possibility of holding Lok Adalats
\nin Tsunami affected Islands, both in the
\nAndaman  chain of Islands, such as Havelock,
\nNeil, Mayabunder, Diglipur and in the Nicobar
\nchain such as Campbell Bay, Kamorta,
\nTeressa, Katchal, Hut Bay and Car Nicobar
\nIslands to dispose of the cases which are
\npending  in respect of  compensation and for
\ndisposing of fresh claims, if any, in that
\nregard.\n<\/p>\n
(viii)\tIn respect of persons whose agricultural lands
\nremain submerged with sea water and are yet
\nto receive compensation, the Local
\nAdministration may consider providing a job
\nfor one member of the family in keeping with
\nthe assurances given earlier.\n<\/p>\n
Let the appeal be listed for final hearing in the second
\nweek of August, 2007 on a non-miscellaneous day.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Kranti vs Union Of India & Ors on 16 May, 2007 Author: A Kabir Bench: C.K. Thakker, Altamas Kabir CASE NO.: Appeal (civil) 2681 of 2007 PETITIONER: KRANTI RESPONDENT: UNION OF INDIA & ORS DATE OF JUDGMENT: 16\/05\/2007 BENCH: C.K. Thakker & Altamas Kabir JUDGMENT: JUDGMENT O R D E R […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-254137","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nKranti vs Union Of India & Ors on 16 May, 2007 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/kranti-vs-union-of-india-ors-on-16-may-2007\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Kranti vs Union Of India & Ors on 16 May, 2007 - 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