Revise disaster management plan to include Covid-19, Karnataka HC tells state

The Karnataka High Court on Thursday directed the government to appoint a sub-committee to prepare a revised state disaster management plan and include Covid-19 mitigation measures in the same.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed the interim order in PILs filed seeking implementation of the Disaster Management Act (DM Act).

Arguing on the Interlocutory Application (IA) filed by him, the petitioner party-in-person Mallikarjuna Alegowda submitted that the state plan, as required by Section 23 (5) of the DM Act, ought to have been reviewed before the commencement of the year 2020-21.

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The State Executive Committee has failed to perform its duties, he contended.

The court observed that because the government failed in implementing the provisions of DM Act, even district plans are not in existence.

The bench pointed out that apart from State and District plans, every department of the government is required to prepare a separate disaster management plan.

“If we look at the constitution of the State Executive Committee and District Disaster Management Authority, most of the members thereof are the functionaries of the state who have to be on the forefront in the battle against Covid-19.

And, therefore it is obvious that every one of them is facing a constraint of time. However, the State Executive Committee is not helpless. The powers under section 21 can be exercised for appointing sub-committees.

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The state executive committee shall consider appointing a sub-committee for discharging its function under Section 23 (5) of DM Act for reviewing and updating the existing state plan.

This sub-committee can go into the question of providing and laying down long-term measures for dealing with situations created by the spread of Covid-19,’’ the bench ordered.

The bench asked the government to report compliance on the appointment of the sub-committee within three weeks, after which it will consider a time-bound review and updation of the state plan.

Subsequently, the direction can be issued to every district to come out with district plan and also a plan by each government department, the bench said and posted the matter for further hearing to August 19.