Reepak Kansal v. UOI [(2021) 9 SCC 251]
The statutory scheme was considered by the Hon'ble Supreme Court in Reepak Kansal v. UOI [(2021) 9 SCC 251]. The Hon'ble Supreme Court held as follows :
“35. In Section 12 of the DMA, 2005, the word “shall” is used twice. The intent of the legislature by using the word “shall” twice is very clear and the same can be in tune with the Statement of Objects and Reasons for enactment of the DMA, 2005 and the functions and powers of the National Authority. 9/22 https://www.mhc.tn.gov.in/judis VERDICTUM.IN One of the objects and purposes is “mitigation”. As per Section 6(1) and sub-section (2)(g) of Section 6, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management and recommend provision of funds for the purpose of mitigation.
36. Section 12 specifically provides that the National Authority “shall” recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which “shall” include: (i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation; (ii) the special provisions to be made for widows and orphans; and (iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood. Therefore, it is the statutory duty cast upon the National Authority to recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include the reliefs, as stated hereinabove.
37....
38. Under Section 12 of the DMA, 2005, the National Authority is mandated to recommend guidelines for the minimum standards of relief. Minimum standards of relief are, as such, not defined under the Act. Then what is somewhat 10/22 https://www.mhc.tn.gov.in/judis VERDICTUM.IN intended by the legislature while providing minimum standards of relief is to be gathered from Section 12 itself. Ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood therefore can be said to be part of minimum standards of relief of which the National Authority is required to recommend guidelines.”