The Karnataka High Court on Monday (November 4) disposed of a PIL seeking deployment of Indian Army personnel to rescue victims of the July 16 landslide on National Highway 66 in Uttara Kannada district after being informed that the situation was back to normal.

In doing so, the high court took note of the statement of Deputy Attorney General of India Shanthi Bhushan H that in the recent rescue operation, a body along with the missing truck had been recovered. It was claimed that the situation has returned to normal and vehicular traffic has been restored. It was also stated that two bodies could not be found despite intensive efforts and the rescue operation was called off.

Disposing of PIL filed by advocates Siji Malayil and Subhash Chandran KR a division bench Chief Justice NV Anjaria and Justice KV Aravind said, “The court finds that all reasonable efforts have been made and no further action is necessary. The government counsel said that in respect of two unrecovered bodies, the state government has announced a free grace of Rs 5 lakh each and it is being processed and will be paid within two months by completing all the formalities. In the above opinion, the present public interest litigation is no longer necessary to be continued. Proceedings are closed.”

The petitioners initially approached the Supreme Court which, by order of July 22, refused to entertain the petition under Article 32 of the Constitution. However, the petitioner was given liberty to immediately approach the jurisdictional High Court i.e. High Court of Karnataka at Bangalore and make an application before the Chief Justice for immediate listing of the matter. Consequently, the petitioners approached the High Court.

According to local residents, at least one truck and three cars were stuck under the debris left behind by the landslide. The plea showed that the petitioners are injured by the inactions of the respondent no. 2 of Karnataka State and the police authorities as they are reluctant to deploy manpower and machinery 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 and ANR and Union of India and ANR

Case no: WP 19409/2024

Advocate Shreya S Kumar for the petitioner

Layout: DSGI Shanthi Bhushan H for R1

AGM Niloufer Akbar for R2.

Reference No: 2024 LiveLaw (Kar) 455