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Judgment Search Results Home > Cases Phrase: the disaster management act 2005 Page 1 of about 2,443 results (0.086 seconds)

Sep 23 2015 (HC)

M/s. Karimpanal Arcade Owner's Welfare Association represented by its ...

Court : Kerala

1. these writ petitions are filed questioning the proceedings initiated under the provisions of the disaster management act 2005 (hereinafter referred to as the dm act ). since common questions of law are involved in all these cases, these writ petitions are disposed of by a common judgment. facts: 2. w.p.(c).no. 26377/2015: 2. ..... advert to the various legal provisions of the dm act.: 6.i. analysis of the disaster management act: india is vulnerable to natural disasters. floods, droughts, cyclones, earthquakes and landslides are recurrent phenomena. the disaster management act was enacted in the year 2005 with the intention to provide for the effective management of disasters. it appears that different agencies were involved in disaster management which resulted in delay in carrying out mitigation measures ..... , which required immediate and prompt response. therefore, the parliament in its wisdom have brought one platform to streamline the activities relating to disasters by enacting the dm .....

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Apr 05 2016 (HC)

State of Kerala Represented by its Chief Secretary to Government and O ...

Court : Kerala

..... 33. now we revert to the provisions of the disaster management act, 2005 to examine as to whether the above view taken by learned single judge is based on the correct interpretation of the provisions of the disaster management act 2005 ? the disaster management act, 2005 was enacted to provide for effective management of the disaster and matters connected there with or incidental thereto. section ..... canal portion flowing beneath the buildings of the petitioner. issue no. 3: 31. as noted above the learned single judge after noticing various provisions of disaster management act, 2005, has classified the disaster management in three compartments, i.e (i) emergency measures (ii) long term measures and (iii) hybrid measures. the learned single judge further held that ..... , but legislation. 40. we thus hold that the power under section 34 of the disaster management act, 2005 can be exercised by the district disaster management authority to take any measure in implementing the statutory disaster management plan or to take any measure towards disaster management. issue no.4: 41. the state of kerala vide its notification dated 09.09. ..... it is requested that urgent and necessary steps may be taken to evict the unauthorised occupant, by giving notice to him under the provisions of the disaster management act, 2005. 46. the executive engineer, irrigation department, thiruvananthapuram has also submitted a report dated 07.08.2015 to the district collector, thiruvananthapuram which has been filed .....

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May 11 2016 (SC)

Swaraj Abhiyan Vs. Union of India and Ors.

Court : Supreme Court of India

..... petition and we acknowledge that learned counsel made their submissions in the spirit expected of them on such a vital issue as risk management, drought assessment and drought management. the disaster management act, 2005 17. the disaster management act, 2005 (hereinafter referred to as the dm act ) has been on the statute book for more than a decade since it received the assent of the president on 23rd december ..... us to make some comment about their concern. directions 101. keeping all the factors in mind we issue the following directions: as mandated by section 44 of the disaster management act, 2005 a national disaster response force with its own regular specialist cadre is required to be constituted. unfortunately, no such force has been constituted till date. accordingly, we direct the union of ..... long for such an exercise. accordingly we direct the union of india to formulate a national plan in terms of section 11 of the disaster management act, 2005 at the very earliest and with immediate concern. the drought management manual is undoubtedly a meaningful and well- researched document. however, in view of the submissions made before us by learned counsel for the ..... appear to have little or no priority as far as the union of india and the state governments are concerned.37. having expressed our anguish that the disaster management act, 2005 has not been faithfully implemented as yet, we must add that it is not that nothing has been done.38. insofar as a drought is concerned, the .....

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May 06 2013 (SC)

G. Sundarrajan Vs. Union of India and Others

Court : Supreme Court of India

..... requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measure by various wings of government for prevention and mitigating affects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. 88. the parliament enacted the disaster management act, 2005 (dm act), following that, the national disaster management authority (ndma) was constituted with the prime minister as the chairperson. similar ..... have to be applied and read in tandem like the factories act, 1948, the indian electricity act, 2003, the environment (protection) act, 1986, the water (prevention and control of pollution) act, 1974, the air (prevention and control regulation) act, 1981, the water (prevention and control of pollution) cess act, 1977, the indian explosives act, 1884, the disaster management act, 2005, the atomic energy (radiation protection) rules, 2004, the industrial radiography (radiation ..... authorities have been created in various states with their chief ministers as the chairpersons. ndma has assumed the responsibility of strengthening the existing nuclear/radiological emergency management framework by involving all stake holders .....

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May 06 2013 (SC)

G.Sundarrajan Vs. Union of India and ors.

Court : Supreme Court of India

..... requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measure by various wings of government for prevention and mitigating affects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.88. the parliament enacted the disaster management act, 2005 (dm act), following that, the national disaster management authority (ndma) was constituted with the prime minister as the chairperson. similar ..... have to be applied and read in tandem like the factories act, 1948, the indian electricity act, 2003, the environment (protection) act, 1986, the water (prevention and control of pollution) act, 1974, the air (prevention and control regulation) act, 1981, the water (prevention and control of pollution) cess act, 1977, the indian explosives act, 1884, the disaster management act, 2005, the atomic energy (radiation protection) rules, 2004, the industrial radiography (radiation ..... authorities have been created in various states with their chief ministers as the chairpersons. ndma has assumed the responsibility of strengthening the existing nuclear/radiological emergency management framework by involving all stake holders .....

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Aug 31 2012 (HC)

G. Sundarrajan Vs. the Union of India Rep. by the Secretary to Governm ...

Court : Chennai

..... finances and other requirement by different agencies; and that the recently enacted disaster management act, 2005 by the parliament is to mitigate the effects of disaster and for undertaking a holistic, coordinated and prompt response to any disaster situation and as per the act, the national disaster management authority, state disaster management authorities and district disaster management authority have been constituted to meet out any eventuality. 13.28. ..... risks are identified. the unit reported that safety analysis has been carried out. volumes of safety analysis report was shown during inspection. on site and off site disaster management plant (dmp) should be prepared as per the guidelines stipulated by aerb and approved by the national emergency response (nerc) of department of atomic energy, government ..... evaluation of post environment clearance geological events; x. non obtaining of clearance under the coastal regulation zone notification; xi. failure to inform the public about the offsite disaster management plan and measures to be taken in the event of an emergency; xii. failure to assess and prepare for impact of cyclonic storms and tsunamis on the seawater ..... by him under the right to information act, the tnpcb has not granted consent order to operate the project and the tnpcb has not personally inspected and verified whether the safety measures have been taken up. 8.7. it is also stated that in respect of onsite and offsite disaster management of the plant, the plant has .....

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Oct 31 2019 (HC)

Ashok Kumar vs.delhi Disaster Management Authority & Ors

Court : Delhi

..... department and the respondent nos.4 and 5 in accordance with the statutory provisions of the section 66 of the disaster management act, 2005 for their failure to perform their duties as per the disaster management act, 2005 in regard to the fire incident took place on 27-10-2019 in the jhuggis at neb sarai, new ..... law, rules, regulations and government policy applicable to the facts of the case and if the victims are entitled for the compensation under the disaster management act, 2005, the same shall also be paid in accordance with law after proper identification of the victims, as early as possible and practicable.4. ..... situated at neb sarai, new delhi, the present petition has been preferred for compensation to the victims of the incident as per the disaster management act, 2005. it is submitted by petitioner in person that a w.p.(c) 11504/2019 page 2 of 3 representation dated 29th october, 2019 ..... also to pay w.p.(c) 11504/2019 page 1 of 3 compensation to the victims of the disaster in accordance with the statutory provisions of the section 66 of the disaster management act; (ii) issue an appropriate writ, order or direction in the nature thereof to the respondent no. ..... (annexure p-3 to the memo of this writ petition) is pending before the chairman, delhi disaster management authority, delhi. it is further submitted by petitioner in person that his representation be appreciated by the concerned respondent authorities and the food, shelter .....

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May 13 2016 (SC)

Swaraj Abhiyan Vs. Union of India and Ors.

Court : Supreme Court of India

..... situation, we had stressed the obligation of the government of india complying with all the provisions of the laws enacted by parliament, namely, the disaster management act, 2005, the national food security act, 2013 and the mahatma gandhi national rural employment guarantee act, 2005. this will, of necessity, require establishing and constituting bodies and authorities provided for by law and making available the necessary finances for implementing ..... of in-house checks has already been statutorily recognized for all the issues that we have dealt with in this case. for example, the disaster management act, 2005 constitutes authorities and bodies like the national disaster management authority, the national executive committee etc. to ensure that the act is faithfully implemented and measures taken are reviewed and monitored from time to time. similarly, the national food security ..... corruption.7. in response, the union of india submits that under section 46 of the disaster management act, 2005, the central government has constituted a national disaster response fund (ndrf) for meeting any threatening disaster situation or disaster. this is exclusively for the purposes of alleviating the adverse impact of a disaster. similarly, under section 48 of the disaster management act, the state governments have constituted a fund called the state .....

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Apr 26 2011 (HC)

In the Matter of Travancore Devaswom Board Vs. the Secretary, Travanco ...

Court : Kerala

Reported in : 2011(3)KLT865; 2011(3)KHC222

..... the additional chief secretary, revenue. that affidavit dated 20.4.2011, in our view, is nothing but a candid admission that the provisions of the disaster management act, 2005, hereinafter referred to as the dm act and the rules framed thereunder have not been given effect to in the state of kerala except by doing some paper work and appointing certain officers as ..... are as occurred on 14.1.2011. the whole purpose of constituting a district disaster management authority in terms of the dm act, has thus been demonstrated to have thoroughly failed. we say this because, in the next paragraph, the opening sentence is only about the support extended ..... will have to man such authorities and such authorities should have a team which would be able to smell a problem in anticipation. otherwise, in almost every accident or disaster, that limb of section 2(e) of the dm act will necessarily fail. disaster management will only be mitigation or reduction or severity or consequences and other matters which may arise for ..... , the blame for not appropriately preserving and enforcing the provisions of the dm act will lie only on the authorities constituted under that act. the additional chief secretary, revenue further mentions as stated in the affidavit dated 14.3.2011 that the district disaster management authority of idukki district did not anticipate the possibility of occurrence of any accident in pullumedu .....

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Jul 08 2015 (HC)

C.M. Dinesh Mani Vs. State of Kerala

Court : Kerala

..... to review kmbr, 1999. in the note it is further indicated that the department of revenue and disaster management have requested that any further amendment to kmbr shall be vetted by the expert technical committee of state disaster management authority under the provisions of the disaster management act, 2005. without wp(c) no.20706/13 & conn.cases -:11:- reference to any of this ..... technical committee studies that the amendments had been brought into, which virtually negates the request made by the disaster management authority. on the other hand, it is reflected ..... that there is no need on the part of the government in consulting any other organization of government of india, state disaster management authority or the general public and no such provision has been made under the act or the rules framed thereunder.6. in wp(c) nos. 21945/2013, 25228/2013 and 31673/13, the learned ..... kerala municipality building rules, 1999 (hereinafter referred to as kmbr, 1999), after considering the report prepared by expert technical committee and after seeking suggestions and opinion from the disaster management authority, environment department, town and country planning ogranisation under the urban development department of government of india and from wp(c) no.20706/13 & conn.cases -:2:- .....

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