IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.27448 of 1996 Between: 1 Kunja Babu S/o. Kalagayya 4-16-10, Ujilipeta, Perala Post, Chirala, Prakasam Dist. 2 Kunja Sampathamma W/o. Kalagayya 4-16-10, Ujilipeta, Perala Post, Chirala, Prakasam Dist. 3 Chintapatla Nagamma W/o. Late Rambabu Ikyanagar, Chirala, Prakasam dist. ..... PETITIONERS AND 1 The Chief Secretary to the Govt. of A.P. Govt. Secretariat, Saifabad, Hyderabad. 2 The Secretary, Revenue Department, Govt,. of A.P., Secretariat, Saifabad, Hyderabad. 3 The District Collector, Ongole, Prakasam district. 4 The Cabinet Secretary to the Prime Minister of India, South Block, New Delhi 110 001 5 H.S. Brahma, Commissioner of Relief and Rehabilitation Govt. Secretariat, Hyderabad. 6 Mandal Revenue Officer, Chirala, Prakasam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to A. To direct the Respondent No.1 to Submit a comprehensive report to the Respondent No.4 for release of adequate financial assistant from the National Calamity Relief fund and Calamity Relief Fund of the Central Government; B. To direct the Respondent No. 4 to declare the recent flash floods in the Coastal districts of Andhra Pradesh as a National Calamity and to sanction a Sum of Rs.550 Crores to the Respondent No.1 from the National Calamity Relief Fund of the Government of India for relief of the People in Coastal districts of Andhra Pradesh; C. To direct the Respondents 1 to 3 to deploy adequate men and materials in the flood effected areas and organise relief camps and supply food, clothing and shelter to the flood victims on priority basis including the petitioners herein. D. To direct the Respondents 1 to 3 to provide immediate financial assistance to the flood victims as the situation demands on priority basis and to enlist the cooperation of non- governmental organisations like the Bar Associations of the Districts and Taluks of Coastal Andhra and the Registered Social Welfare Organisations. E. To give any other directions to the Respondents 1 to 4 for just equitable distribution of the financial assistance running into crores of rupees received and to be received by the Respondent 1 for the relief and rehabilitation of the people effected by the fish floods in the Coastal districts of Andhra Pradesh. F. a) To direct the Respondent 3 to enquire and submit report in respect of the loss and damage that has occured to the person and property of the three petitioners herein to the Respondents 1 & 2. b) To direct Respondnets 1 to 3 to sanction the payment of Rs.1,00,000 to each of the three petitioners for construction of pucca houses in the place of the pre-existing thatched houses of the petitioners and also to sanction a monitary compensation of Rs.50,000 to each of the three petitioners Counsel for the Petitioner:MR.T.RAMAKRISHNA RAO Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following: Form-NIC-OGS/WP{RAGHU} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.27448 of 1996 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) In this writ petition, the three petitioners from the same family have prayed for issue of a Writ of Mandamus directing the Chief Secretary to Government, Government of Andhra Pradesh to submit a comprehensive report to the Cabinet Secretary of the Prime Minister of India for release of adequate financial assistance from the National Calamity Relief Fund and Calamity Relief Fund of the Central Government, and declare the flash floods in the coastal districts of Andhra Pradesh in 1996 as a National Calamity and to sanction Rs.550 crores to the State of Andhra Pradesh, and to direct the respondents to deploy adequate men and material in the flood effected areas and organize relief camps and supply food and clothing, provide shelter to the flood victims on priority basis and also to direct the respondents for just and equitable distribution of the financial assistance running into crores of rupees to be received by the Chief Secretary to Government, Government of Andhra Pradesh for the relief and rehabilitation of the people effected by the flash floods in the coastal districts of the Andhra Pradesh, and also to direct the District Collectors, Ongole, Prakasam Districts to enquire and submit a report for loss and damage that was occurred to the person and property of the petitioners and sanction Rs.1,00,000/- each in favour of the petitioners for construction of the pucca houses in the place of pre-existing thatched houses and also to sanction a monetary compensation of Rs.50,000/- each. 2. The 1st petitioner is the son of the 2nd petitioner. The 3rd petitioner is the daughter of the 2nd petitioner. Petitioners 1 and 2 are residing in the house situated at Ujilipet of Chirala. The 3rd petitioner is residing in Ikyanagar of Chirala. It is alleged that the 2nd petitioner applied for allotment of the land to construct a house in 1½ cents, but no particulars of such allotment and the construction of house were furnished. It is stated that on 19th October 1996 onwards for about a week there was heavy rain fall and cyclone storm under the influence of low pressure area in the Bay of Bangal in the coastal districts of Andhra Pradesh resulting in flash floods. The badly effected districts are Kadapa, Nellore and Prakasam where many banks were breached inundating hundreds of villages and about 300 persons said to have been died. Rail tracks were disrupted due to the damage of rail tracks and there are breaches on the roads disrupting communications by roads also. 3. The Chief Minister along with other leaders also conducted areal survey in the flood effected areas and asked the Central Government for immediate financial aid of Rs.250 crores. The Prime Minister of India had also visited the flood effected areas by an areal survey and promised to send the Central Team to estimate the loss and thereafter sanctioned Rs.50 crores under the flood relief. Out of total Rs.69 crores sanctioned, Rs.15 crores each was allotted to Prakasam and Nellore Districts. The Chief Minister also announced certain ex- gratia amounts to the badly effected people in the said floods. It is stated that an amount of Rs.700 crores is available with the National Calamity Relief Fund for the Ninth Five Year Plan and under the Calamity Relief Fund Rs.6,300 crores is available and Prime Minister sanctioned Rs.50 crores towards relief fund to the State of Andhra Pradesh. About the damages caused to the persons and the property due to floods many of the newspapers published the same, but the State Government has not expressly submitted any factual report facilitating the Central Government to sanction necessary fund. It is stated that neither the State Government nor the Central Government have acted diligently and there are no guidelines or principles to tackle such natural calamities and even the amount sanctioned by the Central Government is mis- utilized and misused without reaching to the effected persons and the local revenue officials have also failed to take necessary care, assistance and protection to the victims and no relief camps were organized. 4. In so far as the petitioners are concerned, it is stated that the household articles worth Rs.4,000/- were washed away and the 1st petitioner incurred loss of Rs.10,000/- towards the loss of the household articles and the damage to the thatched house which was washed by the flood water and four pigs which the 1st petitioner reared were also died, the value of which is Rs.2,000/-. The 3rd petitioner’s house was also damaged and washed away and she suffered a loss of Rs.10,000/- The Village Munsif, Chirala accompanied by the Revenue Inspector visited and estimated the damages of certain people only, but they did not enquire or record about the loss caused to the petitioners and the petitioners are the downtrodden agricultural labourer and they are entitled for the financial assistance at the rate of Rs.10,000/- each and also further sum of Rs.1,00,000/- each for construction of pucca houses. 5. The 3rd respondent-District Collector, Ongole filed a counter stating that there were heavy rains in Chirala from 18.10.1996 to 22.10.1996, due to which 14 houses are fully damaged and 189 houses are partially damaged in Chirala Mandal, and as per the guidelines issued by the Government of Andhra Pradesh for providing relief and assistance to the people vide C.Ms.letter No.14666/CMP/96, dated 22.10.1996 Rs.1,000/- paid for fully damaged houses and Rs.100/- paid towards clothes and Rs.100/- paid towards utensils and Rs.500/- paid for partially damaged houses. Apart from that, 10 kgs of rice was supplied for each of the family where the village is marooned by water for 2 or 3 days and 10 kgs of rice was supplied to the families of partially damaged houses and 25 kgs was supplied to the families of fully damaged houses. Thus, it is stated that only two persons were died in Chirala Mandal in Keertivaripalem, and Nakkalavaripalem villages, but not in the area of Chirala or Ikyanagar where the petitioners are residing. 6. It is stated that the 2nd petitioner never made any application for allotment of land and the Mandal Revenue Officer, Chirala never issued any patta and no house was constructed in the site as alleged by the petitioners and the 3rd petitioner admittedly residing in somewhere else i.e. in Ikyanagar and their houses were not at all affected or washed away in the alleged floods. There is specific denial about the damage said to have been caused to the houses of the petitioners at Chirala. It is stated that the flood water was not entered into the houses of the petitioners and no damages were occurred to the houses of the petitioners. In fact, the District Collector, Ongole was directed to receive applications from the public whose houses were damaged to provide necessary relief to the effected persons through publication dated 12.11.1996. Pursuant to the wireless message dated 10.11.1996 a public notice was also published calling for the applications from the effected people, but the petitioners never filed any application before the Mandal Revenue Officer or the District Collector. The allegation that the 2nd petitioner was allotted a separate house was also denied. It is stated that no damages were caused to any of the petitioners. It is stated that in fact the Government invited help from all voluntary organizations to provide financial assistance or material assistance to the flood victims through the newspapers and electronic media. It is stated that the allegations made by the petitioners are totally incorrect and they have mixed their personal grievance with the public interest without any merits whatsoever. It is stated that the petitioners never made any representation and the writ petition has been based only on certain news items without factually giving any particulars. 7. The Commissioner for Disaster Management and Ex-Officio Secretary to Government, Revenue (Disaster Management) Department also filed counter narrating various steps taken by the State and the Central Government in the flood effected areas. It is stated that the corpse of the fund comprises of the contributions by both the Central and State Governments at the ratio of 75% and 25%. The Calamity Relief Fund for the year 2007-08 is Rs.379.35 crores. It is also stated that they have taken up construction of cyclone shelters, shelter belt plantations, Mangrove generations, embankment to stop sea water inundation and construction of missing road links and commissioning of technical assistance/studies to sustain the initiatives in the State. The State of Andhra Pradesh issued G.O.Ms.No.842 Revenue (CR.II) Department dated 20.05.1978 constituting State Level High Power Standing Committee for dealing with natural disasters and requisition of armed forces. 8. It is stated that the Government issued orders in G.O.Ms.No.1703 dated 30.09.2005 describing the revised scale of relief assistance to the various damaged crops of the agriculturists and to the damaged houses. The Government enhanced the relief from Rs.1500/- to Rs.2000/- to the fully damaged houses and Rs.750/- to Rs.1200/- to the partially damaged houses vide G.O.Ms.No.1157, Revenue (Disaster Management-I) Department, dated 13.08.2006. 9. The learned Government Pleader, appearing for the respondents submits that no damage was caused to the person and properties of the writ petitioners at all, and in fact pursuant to the public notice calling for the applications for grievances the petitioners never filed any application before the District Collector. There is no separate house to the 2nd petitioner and no house belong to her was damaged as alleged in the writ petition. It is also stated that the so-called pigs said to have belonged to the 1st petitioner were not at all died in the floods and the house of the 3rd petitioner was also not at all damaged. It is stated that the Mandal Revenue Inspector and Food Inspector, Chirala along with the Village Administrative Officer have visited the localities of the Ujilipet and Ikyanagar and recommended financial assistance with respect to six houses, out which, the houses of the petitioners did not figure. Therefore, the allegations made in the writ petition are totally misconceived and made for the purpose of this writ petition. 10. In so far as the allegation that no guidelines have been formulated so far with regard to the natural calamity, it is stated that the Disaster Management Act, 2005 (Act No.53 of 2005) was enacted and the Governor of Andhra Pradesh also made Rules called as Andhra Pradesh Disaster Management Rules 2007 with regard to composition of State Authority, composition of State Executive Committee, Procedure to be followed by the State Executive Committee in exercise of powers and discharge of its functions for implementation of the directions of the State Government. Thus, it is stated that it is not correct to state that there are no guidelines and that the State Government is not taking any steps to protect its citizens and to salvage the life and properties of the citizens on account of the natural calamities. 11. It is admitted fact that the petitioners did not make any representation before the concerned authorities about the loss caused to them in the flash floods of 1996. They have not filed any piece of paper to show that they made any representation before the authorities or to prove that the 2nd petitioner was earlier allotted site and constructed a thatched house therein. The Revenue people have visited the villages of Ujilipet and Ikyanagar where the petitioners are residing and found six houses damaged and out of which they did not figure the house of the 2nd petitioner as fully or partly damaged. The petitioners also did not file any affidavit of the concerned villagers or the Village Administrative Officer to prove that they sustained loss and damage in the floods and that their houses were fully damaged and washed away. 12. As already observed, the petitioners did not even approach the concerned authorities, ventilating their grievances about the loss/damage caused to them on account of the cyclone, and mixing up of grievances of others with their personal grievance is without any foundation, and therefore, we do not find any valid grounds or justification to direct the official respondents to provide relief to the petitioners by treating them as victims in the floods of 1996. 13. The Writ Petition is devoid of merits and is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ P.SWAROOP REDDY,J Dated: 08.07.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chief Secretary to the Govt. of A.P. Govt. Secretariat, Saifabad, Hyderabad. 2 The Secretary, Revenue Department, Govt,. of A.P., Secretariat, Saifabad, Hyderabad. 3 The District Collector, Ongole, Prakasam district. 4 The Cabinet Secretary to the Prime Minister of India, South Block, New Delhi 110 001 5 H.S. Brahma, Commissioner of Relief and Rehabilitation Govt. Secretariat, Hyderabad. 6 Mandal Revenue Officer, Chirala, Prakasam District. 7 2. 2CCs to 8. 2CD copies