Law: Azad Jammu and Kashmir Natural Calamities (Prevention and Relief) Act, 1976

Section: 4(2)(j)

(a) Azad Jammu and Kashmir Natural Calamities (Prevention and Relief) Act, 1976--- ----S. 4(2)(j)--- Petitioners sought remission of government dues to inhabitants of natural calamity affected area---Contention of petitioners was that they had affected badly by earthquake and they were entitled for remission of government dues--- Validity--- Relief Commissioner had been vested with vast powers to be exercised during and after any disaster---Commissioner had not exercised his powers so far due to lack of funds who was bound to perform his function independently according to needs of the affectees and provision of funds was the responsibility of Government--- Relief Commissioner should have coordinated with the departments and International Organizations to ensure provision of relief and rehabilitation facilities to the affectees but no such effort had been made---Relief fund should have been established by the Relief Commissioner and Government and same should be at the disposal of Relief Commissioner---Nothing had been done by the Relief Commissioner except compensation to the families of the persons who had died---Relief Commissioner was negligent---Provision of relief after calamity was not a development or routine project which required years for approval rather it was an emergent duty within the domain of Relief Commissioner---Relief Commissioner was directed by the High Court to issue appropriate notification for the relief of affectees of earthquake but he had refused to issue the same---Commissioner had failed to issue the notification which was permitted by law and had failed to perform his duties---Writ petition was maintainable, in circumstances---People of affected area had lost their lives and properties as had happened in the earlier earthquake---Government had remitted dues in the said earthquake and present affectees were in similar condition---No reason existed to disallow the relief of remission of dues to the affectees of present earthquake, in circumstances---Relief Commissioner should provide relief of remission of utility bills of three months to the real affectees of earthquake area---High Court further directed to Government to arrange…

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