'Let Them Work': Punjab & Haryana High Court Criticizes Litigant For Insisting State's Immediate Reply In Flood PILs

The Punjab and Haryana High Court has asked the State to file affidavit after 6 weeks, “when crisis is over” in a batch of PILs seeking relief and rehabilitation for flood victims.Chief Justice Sheel Nagu and Justice Sanjiv Berry said, “The court made an earnest request to the petitioners to hold their hands till the crisis is over but the petitioners insist that notice be issued. Instead of issuing notice, the Court directs that State file affidavit but only after crisis of flood situation is over. File after six weeks.”Critising the petitioners for insisting to ask for the reply, the Court said, “Disaster relief teams are there, the Army is there, everybody is working hard. Please don't cause any obstruction. The moment we issue a notice, some people will be pulled out of that disaster management and will have sit on a table to prepare a reply for these petition.”"You all even doubt the efforts of Army which is there. They are there in every district,” Chief Justice Nagu said,"We will ask them for a response because of your insistence. I would never have done it, given to me. At the the crisis time, there is something else which is required. It is surprising that none of you is coming forward and saying that please defer it,” added the Court.The Court further noted that the Apex Court has taken cognizance of a case dealing with similar issues. AG Punjab Maninderjit Singh Bedi brought to Court's notice that in Anamika Rana v UOI & Ors the petition is on similar issues.Perusing the prayer of the petition, the Court said “this is quite comprehensive and covers all.”he Apex Court in Anamika Rana (supra) on September 04, referring to videos of timber logs floating in floodwaters in Himachal Pradesh, observed that rampant illegal tree felling appeared to be taking place in the Himalayan region."We have seen unprecedented landslides and floods in Uttarakhad, Himachal Pradesh and Punjab. From the media reports, it is also noticed that in the flood, huge number of wooden logs were flowing around. Prima facie, it appears that there has been illegal felling of the trees which has been going on up hills," the bench observed while considering a Public Interest Litigation raising the issue of environmental degradation in the Himalayan region,” it added.The Supreme Court had issued notice to several authorities including Central Government and Punjab.The Court was hearing a batch of petitions filed seeking minimum standards of relief and rehabilitation to flood victims under Section 12 of the Disaster Management Act, including food, potable water, sanitation, shelter, lighting, medical care etc.The petitioners pressed for issuing notice to State to file reply in the case. “You want the energy and time of the state to be diverted to file reply to your petition. Please don't obstruct in their way. Some people would be pulled out and made to sit to draft the reply,” the bench said.Counsel appearing in one of the pleas Gurmohan Preet submitted a comparative analysis of floods during 1988, wherein 9000 villages were flooded and a similar situation had risen like present case.Referring to newspaper reports it submitted that the flood situation in Punjab is “a man made disaster.”He submitted that a flood victim had to excavate the dead body of his father. State is not on the ground and only Punjab's youth are working on frontline, the State should file reply, the counsel added.“If you want rescue operation should be hindered, I will issue notice. Take responsibility then…If you had been so concerned, you would have been on front,” the bench observed.To which the counsel responded, “we are working on front, we are in villages.”Another petitioner submitted that we have photographs wherein Army personnel is clicking photographs having DSLR camera.“We can't rely on stray instances”, the CJ remarked.During the hearing, one of the petitioners sought withdrawal of the case and the same was allowed.Shubham, a lawyer by profession had moved the High Court through Advocate Angrej Singh in the wake of devastating floods between 25.08.2025 and 29.08.2025 that “severely impacted Punjab and adjoining areas of Haryana, affecting thousands of lives and properties.”He prayed for the constitution of a Court-monitored Oversight Committee to supervise implementation and file periodic reports.The plea also sought directions to the Punjab Government to conduct a special girdawari of all affected villages and disburse compensation to agriculturists, households, small traders and livestock owners in a time-bound manner.It sought directions to the Union Government together with NDMA, CWC, BBMB, IMD to activate and disclose Emergency Action Plans for Pong and Bhakra reservoirs under the Dam Safety Act, 2021.Title: Shubham v State of Punjab & Ors.

'Let Them Work': Punjab & Haryana High Court Criticizes Litigant For Insisting State's Immediate Reply In Flood PILs

Aiman J. Chishti

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