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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2681 OF 2007

KRANTI   APPELLANT

VERSUS UNION OF INDIA & ORS.             RESPONDENTS

O R D E R

1. Learned counsel for the appellant has brought  to our notice that the Central Government, in spite of  our earlier order and directions, have not complied  with the same fully.  The learned senior counsel for  the  appellant,  Shri  Colin  Gonsalves,  in  his  Memo/Report  filed  on  08.04.2013,  has  stated  the  following issues that are left to be considered and  implemented by the respondents-herein:

i) Out of 9,797 shelters, 9,517 have been handed  over to the families of the victims affected by the  Tsunami which hit the Andaman & Nicobar Islands in the  year 2004. The remaining 280 shelters are held back  for the purpose of verification of the beneficiaries.  It is stated by Shri Gonsalves, that direction may be

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issued to the respondents to complete the verification  of  the  beneficiaries  and  thereafter  hand-over  the  remaining 280 shelters to them. Shri Attri, learned  senior counsel appearing for the Union of India, would  submit  that  they  will  comply  with  the  above  said  grievance  of  the  appellant  within  six  months'  time  from today. Therefore, we direct the respondents to  hand over the remaining shelters to the beneficiaries  after completion of verification within six months’  time for today.

ii) The second issue is with regard to allotment  of  24  shelters  at  Laxminagar  and  to  provide  basic  amenities such as water, electricity etc.   

In the earlier affidavit filed by the Union of  India, it had stated that the allotment of 24 shelters  could not be made because of the non-availability of  approach road.

In our view, the Central Government has to take  necessary  steps  to  provide  the  approach  road  and  thereafter  allot  24  shelters  at  Laxminagar  to  the  beneficiaries.  This, in our opinion, requires to be

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complied with by the respondents within six months'  time from today and this will include obtaining of the  appropriate  forest  clearance  from  the  concerned  authorities.

iii)Shri Attri would submit that there are few  cases which are still pending before the Lok Adalat  and necessary steps would be taken to complete the  proceedings before the Lok Adalat. After the matters  are  decided  by  the  Lok  Adalat,  if  a  direction  is  issued for payment of compensation in the remaining 99  cases, they will comply with the orders of the Lok  Adalat within six months' time from today.  But it is  further brought to our notice that the Lok Adalat has  already  completed  the  proceedings  and  awarded  compensation for 169 cases. In spite of that, payment  has  not  been  made  in  the  aforesaid  99  cases.  Shri  Attri states that the orders passed by the Lok Adalat  will be implemented in a month's time.  Therefore, we  direct the respondents to implement the orders passed  by the Lok Adalat in a months’ time from today.

iv) We  are  informed  that  the  Directorate  of  Fishing  has  rejected  the  claim  of  407  cases  for

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allotment  of  hoodies.  Therefore,  a  request  is  made  that the claimants should be permitted to approach the  Lok Adalat to sort out their grievances.

In order to facilitate the above, we direct that a  Special Lok Adalat be constituted in accordance with  our earlier order in this case on 16.05.2007. After  the Lok Adalats are so constituted, we direct the Lok  Adalat  to  dispose  of  the  claims  made  by  the  407  applicants as expeditiously as possible, at any rate,  within six months' time from today.  The claimants'  counsel will facilitate the claimants to approach the  Lok  Adalat  by  making  appropriate  applications/  petitions/ representations.

v) It is further the grievance of the appellant  that the respondents should be directed to distribute  Antyodaya Anna Yojana (AAY) cards in consonance with  the  orders  passed  by  this  Court  in  the  case  of  P.U.C.L. vs. Union of India, (W.P.(Civil) NO.196 OF  2001), Dated 02.05.2003 and the Orders and Circulars  issued by Union of India, dated 19.08.2005. In view of  the peculiar circumstances in the present case, we are  of the opinion that all those Tsunami affected persons

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are  eligible  and  entitled  to  A.A.Y.  Cards  and,  therefore,  we  direct  the  respondents-herein  to  distribute  the  aforesaid  cards  as  expeditiously  as  possible, at any rate, within an outer limit of two  months' time from today.

vi) It is further brought to our notice that the  respondents  have  not  made  any  construction  of  the  school buildings for the education of the children of  the Tsunami affected families.    Shri Attri, learned  senior counsel, would submit that they will provide  necessary infrastructure for construction/ maintenance  etc. of school buildings as expeditiously as possible  at any rate, within 18 months' time from today.  The  request of the learned senior counsel is not objected  to by the learned senior counsel appearing for the  appellant, therefore, we grant 18 months' time to the  respondents to comply with our order.  

vii)It is brought to our notice that as a part of  the  Tsunami  Rehabilitation  Programme,  38  shopping  complexes  were  constructed  in  permanent  shelter  locations in Andaman & Nicobar of which 15 are in Car  Nicobar, 21 in Nancowry and 2 in Little Andaman. The

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aforesaid shops were constructed for allotment to the  Tsunami affected families and therefore, keeping this  in mind we direct the Central Government and the other  competent  authorities  to  allot  the  shops  to  the  Tsunami affected families as early as possible, at any  rate, within six months' time from today.

2. Placing  on  record  the  submission  and  undertaking made by the learned senior counsel for the  respondents, we dispose of this Civil Appeal. We hope  and trust that the respondents shall comply with the  aforesaid directions of this Court without causing any  harassment to the appellant thereby compelling them to  file another contempt petition for the non-compliance  of the order passed by this Court.

3. We place on record our deep appreciation of  the  efforts  made  by  Shri  Colin  Gonsalves  and  Shri  J.S.Attri, learned senior counsels.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (JAGDISH SINGH KHEHAR)

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NEW DELHI; APRIL 09, 2013