Wayanad Landslides: Kerala High Court Seeks Govt's Report On Utilisation Of ₹120 Crore Allocated For Rehabilitation Work

The Centre had earlier relaxed the National Disaster Response Fund (NDRF) norms to enable the State to use $120 crore lying in the SDRF, which was otherwise held up as outstanding debt to be paid to the Centre.

When the matter was called today, the Court also enquired about the issue of waiver of banks loans taken by the victims of landslide. Addl. Solicitor General (ASG) informed the Court that discussions are ongoing between the Ministries concerned and that a decision is expected to be taken within 2 weeks.

Based on the above submission, the Court granted two weeks' time to the Centre.

Earlier, the Court had 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 of omission of Section 13 of Disaster Management Act. 

“We are talking about the executive government of the Union. None of this argument matter because you have Article 73 of the Constitution," the Court had told the Centre.

Regarding the progress of rehabilitation works at the disaster-hit area, the Government Pleader submitted the videos and photos taken by a volunteer engaged for this purpose.

The case is next posted on July 25^th.

Background

A suo motu case initiated by the High Court to prevent and manage natural disasters in Kerala after the Wayanad landslides. On July 30, 2024, intense rainfall in Wayanad caused landslides in the district's hilly regions, particularly affecting the villages of Mundakkai and Choormala.

Earlier, the Court had issued directions to Kerala State Mental Health Authority (KSMHA), Mental Health Review Board, Kerala State Legal Services Authority (KeLSA) and the District Legal Service Authority to deal with psychological issues and mental trauma inflicted upon the children in Wayanad, due to the landslides.

There was also a direction KSDMA and KeLSA to bring before the court, the unredressed grievances of survivors in the Wayanad landslides. The court also observed that it would monitor the same. Later, the State informed the Court that the High-Level Committee will take a decision on the categorization of the Wayanad landslide.

During the course of proceedings, the Court sought clarification from the State government regarding the current availability of funds in the SDRF for utilization and the anticipated expenses for the future. It stated that further orders for the release of funds could only be issued if there was proper clarity regarding the availability and utilization of funds in the SDRF.

The State informed the Court that out of the Rs. 782.99 crore available in SDRF, it has previous commitments of about Rs. 638.97 crores and thus there is balance of Rs. 61.53 crores in SDRF, which the state government has allocated for meeting any instant disasters, preparedness and capacity building in the State. Considering the same, the Court told the State government that it must inform the Central government of the expenses incurred from the State's Disaster Response Fund (SDRF) for seeking additional funds for immediate assistance.

Earlier this year, KSDMA had submitted before the High Court that steps were being taken to remove debris left in the rivers in the aftermath of landslide before monsoon.

On April 10, the Court issued an order directing the Union Government/ National Disaster Management Authority to deliberate on whether the situation in Wayand calls for invocation of loan waiver under Section 13 of the Disaster Management Act. Thereafter, the Centre informed that it would not be able to waive off the loan of Wayanad Landslides' victims as the provision under Disaster Management Act enabling such action has been removed by way of the Disaster Management (Amendment) Act, 2025.

Case Title: In Re: Prevention and Management of Natural Disasters in Kerala v. State Of Kerala

Case Number: WP(C) 28509/ 2024 & Connected Cases 

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