Wayanad Landslides | Centre Can't 'Hide' Behind Deleted Provision To Disallow Loan Waiver Of Victims: Kerala High Court Remarks

The Kerala High Court on Friday (June 13) orally told Central Government that it cannot take a stand that it is powerless to give a direction to waive loans of victims of Wayanad landslide merely because Section 13 is now omitted from the Disaster Management Act. A division bench of Justice A. K. Jayasankaran Nambiar and Justice P. M. Manoj hearing a suo motu case initiated by the High Court after the Wayanad landslides in July 30, 2024. The Central government had recently filed an affidavit stating that they would not be able to direct for waiver of loan under Section 13 of Disaster Management Act as this section has been omitted by a recent amendment.“We are talking about the executive government of the Union. None of this argument matter because you have Article 73 of the Constitution. Please don't tell us that the Union Government is powerless, in a country which is a quasi – federal set up where the residual power is with the Union…. One can understand the reluctance to do it, but at least have the courage to say that we are not doing it. Do not hide behind the legal provision to say that we do not have the power”, Justice A. K. Jayasankaran Nambiar orally said. The Court orally observed that the amendment might have taken National Disaster Management Authority's power to direct for a loan waiver but the Union would still retain such power as it is not deriving that power from the Disaster Management Act.Additional Solicitor General Senior Advocate Ar. L. Sundaresan told the Court that Centre might retain the power but ultimately it is a policy decision.“(Article) 73, the executive power is available in respect of anything which can be done by the Government… But then, my Lord, see it is a policy decision which they would have to take… There can be no quarrel that the power is available. Whether they would exercise it in a situation like this..”The Court ascertained that it needed to know the decision of the Union Government on whether the loan waiver will be granted. The Court has granted 3 weeks' time to Centre to respond. Disaster Management Plan for NHAIThe Court during the last hearing has raised the issue of collapse of NHAI and how such things can cause a greater issue during the rains. The Court today directed the Union Government to consider formulating a comprehensive disaster management plan for the NHAI in order to have disaster preparedness. The Court has directed the Union Government to mention the steps taken in this aspect by the next hearing date.Case is posted after 3 weeks.Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of KeralaCase Number: WP(C) 28509/ 2024 & Connected Cases Click Here To Read/ Download Order

Wayanad Landslides | Centre Can't 'Hide' Behind Deleted Provision To Disallow Loan Waiver Of Victims: Kerala High Court Remarks

Manju Elsa Isac

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