Joshimath Crisis | Supreme Court Refuses To Intervene, Allows Petitioner To Approach High Court

The Supreme Court of India on Monday refused to entertain the petition pertaining to the recent land sinking incidents in Joshimath on the ground that the Uttarakhand High Court was already seized of the matter. The PIL, filed by religious leader Swami Avimukteshwaranand Saraswati, was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. 

At the outset, the Deputy Advocate General of Uttarakhand Jatinder Kumar Sethi apprised the bench that the Uttarakhand High Court is already considering the issue. He further stated that apart from the present petition, another petition had been filed in Delhi High Court regarding the same issue. Further, he submitted that all prayers raised in the present PIL had been acted upon by the Central and the State government. CJI DY Chandrachud, while noting that whether the government had been proactive in the matter or not was for the court's assessment, stated–

"As a matter of principle, we should allow the High Court to deal with this. If the High Court is seized of the matter, we cannot intervene. We'll give you liberty to approach High Court."

However, the counsel for petitioner highlighted that the present matter was pertaining to relief and rehabilitation of the residents of Joshimath. Per contra, the matter before the Uttarakhand High Court was pertaining to hydro electric power construction in the Joshimath town. He stated that people were dying and urged the court to grant relief. CJI DY Chandrachud remarked–

"You don't want to use this issue for social media sound bytes. From the order of the High Court, it seems that the issues raised are in an IA before the High Court. Over and above if you have any other issues, we can give you liberty to approach the High Court with them."

The petitioner in the present had sought the following directions–

1. A mandamus to the union of India and to the national disaster management authority to assist immediately in the reparation work in Joshimath;

2. A declaration that the present situation in Joshimath is in the nature of a natural disaster and that the NDMA would support the residents;

3. Directing the state of Uttarakhand to provide immediate financial support and compensation to the residents;

4. Directing the national thermal power cooperation to provide insurance coverage and rehabilitative measures;

5. Direct the respondents to take adequate steps to safeguard the spiritual and religious places and stop construction relating to the Tapoban project;

6. Appointing high-level expert committee to frame guidelines for the development of rehabitation of lessly populated segments in Uttarakhand considering its geological features;

7. The constitution of a monitoring committee to enquire into the efforts of the union and state government to ensure the safety and rehabilitation of the residents of Joshimath.

On the other hand, the IA before the Uttarakhand High Court was pertaining to constructions in Joshimath. In that matter, the High court had directed the state to rope in independent experts from the fields of Hydrology, Geology, Glaciology, Disaster Management, Geomorphology and landslide experts, to prepare a report, to be submitted in a sealed cover in the High Court on May 24, 2023. Further, it had also directed the state government to enforce a ban on construction and blasting activities in the area as per the order of Additional District Magistrate, Joshimath, banning all construction activity by the NTPC.

While dictating the order, CJI DY Chandrachud said–

"Substantial overlaps occurs with these proceedings and proceedings before the High Court. Adv Sushil Kumar Jain, appearing on behalf of the petitioners submits that the petitioner seeks to emphasise specifically on the aspects of relief and rehabilitation. Once there has been an assumption of jurisdiction by the High Court under Article 226 of the Constitution, the specific aspects which have sought to be highlighted in these proceedings shall be addressed before the High Court. We accordingly permit the petitioners either to institute the substantive petition under Article 226 before the High Court of Uttarakhand and that it can be taken together with the pending proceedings. In the alternative they shall intervene in the pending proceedings. Since the petitioners have raised issue pertaining to relief and rehabilitation, we would request the High Court that if it is moved in that behalf, the High Court may consider the grievance to the reasonable dispatch."

Case Title: Jagatguru Shankaracharya Jyothirmath Jyotishpeethadheeshwar Shri Swami Avimukteshwaranand Saeaswati Ji Maharaj v. UoI And Ors. WP(C) No. 37/2023

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