'Reasonable Efforts Made, No Further Action Required': Karnataka High Court Closes PIL To Deploy Indian Army For Rescuing Landslide Victims

The Karnataka High Court on Monday (November 4) disposed of a public interest litigation petition seeking deployment of Indian Army personnel for rescuing the victims of of the July 16 landslide on National Highway 66 in Uttara Kannada district, after it was informed that the situation was back to normal.

In doing so the high court took note of Deputy Solicitor General of India Shanthi Bhushan H submission, that in the rescue operation conducted recently one body along with the lorry which was missing, had been recovered. It was submitted that the situation is back to normal and vehicular traffic has been restored. It was further submitted that two bodies could not be found despite strenuous efforts and the rescue operation has been called off.

Disposing of the PIL filed by advocates Siji Malayil and Subhash Chandran KR a division bench of Chief Justice N V Anjaria and Justice K V Aravind said, "The court finds that all reasonable efforts were made and no further action is required. The government advocate has stated that in respect of two bodies not recovered the State Government has announced an ex-gratia of Rs 5 lakh each person and it is under process and would be paid within two months by completing all the formalities. In the above view the present public interest litigation is not required to be continued anymore. Proceedings are closed.”

The petitioners had initially approached the Supreme Court which by its July 22 order, refused to entertain the petition under Article 32 of the Constitution. However, liberty was granted to the petitioner to forthwith approach the jurisdictional High Court i.e. the High Court of Karnataka at Bangalore and make a request before the Chief Justice for immediate listing of the matter. Pursuant to this, the petitioners had approached the high Court.

As per local residents, at least one truck and three cars were stuck under the debris left behind by the landslide. The plea had stated that the petitioners are aggrieved by the inactions from the part of Respondent No.2 State of Karnataka and police authorities as they are reluctant to deploy manpower and machines with immediate effect for rescue operations.

A direction was sought to the respondents (Union and State Government) to take all possible steps by clearing the entire debris round the clock to locate the stranded human life and vehicles by using scientific methods.

Case Title: Siji Malayil & ANR And Union of India & ANR

Case No: WP 19409/2024

Advocate Shreya S Kumar for Petitioner

Appearance: DSGI Shanthi Bhushan H for R1

AGA Niloufer Akbar For R2.

Citation No: 2024 LiveLaw (Kar) 455