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Judgment Search Results Home > Cases Phrase: the disaster management act 2005 Page 1 of about 2,454 results (0.061 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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Aug 18 2020 (SC)

Centre for Public Interest Litigation Vs. Union of India

Court : Supreme Court of India

..... government for prevention and mitigating effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. 4. the disaster management act, 2005 (hereinafter referred to as act, 2005 ) was enacted to provide for the effective management of disasters and matters connected therewith or incidental thereto. the enactment of disaster management act, 2005 was to bring in place requisite ..... institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans and other measures ..... section 11 for covid-19. national plan, 2019 have already been there in place supplemented by various orders and measures taken by competent authorities under disaster management act, 2005, there is no occasion or need to issue any direction to union of 45 india to prepare a fresh national plan for covid-19. we ..... the petitioner s case as noticed above is that the centre should come up with detailed guidelines under section 12(ii) and (iii) of disaster management act, 2005, recommending special provisions to be made for widows and orphans and ex-gratia assistance to be provided to the kith and kin of those losing life .....

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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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Aug 28 2020 (SC)

Praneeth K Vs. University Grants Commission (Ugc)

Court : Supreme Court of India

..... year/terminal year examination by 30.09.2020 157 shall be overridden by any contrary decision taken by the state disaster management authority or the state government exercising power under the disaster management act, 2005. (10) the state governments or state disaster management authority in exercise of power under disaster management act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on ..... shall override the decision of the state government and the state disaster management authority regarding 152 promoting the students, does not fall within the jurisdiction of the disaster management act, 2005 and shall have no protection of section 72 of the disaster management act, 2005. we, thus, conclude that the state or the state disaster management authority have no jurisdiction under disaster management act, 2005 to take a decision for promoting the students on the basis ..... this regard separate communication would be done.2. this government resolution is being released as per the decision taken in the meeting held on 18th june, 2020 of state disaster management authority formed under disaster management act 2005. 106. the guidelines dated 06.07.2020 categorically directed all universities/colleges to hold the examination of terminal semester/final year, option for not holding the examination was .....

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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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Jun 12 2020 (SC)

Ficus Pax Private Limited Vs. Union of India

Court : Supreme Court of India

..... dated 29.03.2020 issued by government of india, ministry of home affairs, in exercise of powers under section 10(2)(l) of disaster management act, 2005, 3 the vires of section 10(2)(l) of disaster management act, 2005, has also been questioned, in event, section 10(2)(l) is interpreting as conferring power to central government to direct the private ..... of home affairs, 15 cannot invoke section 10(2)(l) or any other section of disaster management act, 2005, to impose financial obligations on the private sector. the central government under disaster management act, 2005, has the power to constitute national disaster response fund. similarly, the state disaster response funds have been constituted, which can be utilised for payment of any compensation towards workers ..... had not worked at all.5. the home secretary, ministry of home affairs, government of india, cannot invoke section 10(2)(l) or any other provisions of disaster management act, 2005, to impose financial obligations on the private sector such as payment of wages. the central government has the power to allocate funds for 6 emergency response, relief, ..... these writ petitions except one(i.e. w.p.(civil) diary no.10981/2020) have been filed by different employers, employers associations questioning the orders issued under disaster management act, 2005 and other consequential orders issued by different states where directions have been issued that all the employers be it in the industries or in the shops, commercial establishment .....

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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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