Kerala High Court Secures Centre’s Approval to ‘Free Up’ State Of Rs 120 Crore Airlifting Debt for Wayanad Relief

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The State government has frequently clashed with the Centre over delays in receiving financial assistance for Wayanad’s rehabilitation. The Centre had earlier highlighted pending airlift bills totaling Rs 132.61 crores for services rendered in 2006, 2016, and 2017. It had suggested that the State should initially utilize available funds in its State Disaster Relief Fund (SDRF) before seeking additional aid.

Kerala: The Kerala High Court on Friday (10th Jan) secured the Central government’s approval to release Rs 120 crores in arrears owed by the State for past airlift charges, enabling the funds to be immediately allocated for Wayanad landslide relief efforts.

This decision came during a hearing on a suo motu aimed at overseeing rehabilitation efforts in the disaster-hit district.

A Division Bench comprising Justices AK Jayasankaran Nambiar and Easwaran S recorded the Central government’s agreement to this proposal. This agreement came after the Court urged the Centre last month to allow the State to utilize Rs 120 crores from its pending airlift charges debt for immediate relief in Wayanad.

“The Central Government essentially accepts the proposal that was mooted by us in our previous order and has agreed to the freeing up of the amount of Rs120 crore for immediate use of the State government in connection with the ongoing rehabilitation proceedings at Wayanad. The said amount can be used, in relaxation of the SDRF and NDRF norms of the Central Government,”

the Court noted in its order.

Additional Solicitor General (ASG) ARL Sundaresan informed the Court that the Disaster Management Act, 2005 empowers the State to defer payments for airlifting services and utilize these funds for disaster relief.

“The State is empowered to postpone payments related to airdrops and use that money for rehabilitation,” ASG Sundaresan explained. This clarification was also reflected in a letter from the Centre dated January 2, confirming its approval.

The State government has frequently clashed with the Centre over delays in receiving financial assistance for Wayanad’s rehabilitation. The Centre had earlier highlighted pending airlift bills totaling Rs 132.61 crores for services rendered in 2006, 2016, and 2017. It had suggested that the State should initially utilize available funds in its State Disaster Relief Fund (SDRF) before seeking additional aid.

The Central government’s stance was that further financial assistance would be provided only after an expert committee’s final assessment of the Wayanad disaster.

The Meppadi landslide in Wayanad has now been officially categorized as a disaster of “severe nature” based on an evaluation by an Inter-Ministerial Central Team (IMCT). This classification enables the State government to access a broader range of funding sources for recovery and rehabilitation. These include:

  • Special Assistance to States for Capital Investments (SASCI).
  • Member of Parliament Local Area Development (MPLAD) funds.

The Kerala State Disaster Management Authority (KSDMA) provided the Court with a detailed statement on measures taken for victim rehabilitation in Wayanad. The Court expressed satisfaction with the progress but emphasized the importance of continued efforts.

Meanwhile, a Wayanad resident, Baiju Paul Mathew, sought to be added as a party in the case, raising additional concerns about victim rehabilitation. The Court instructed him to coordinate with the amicus curiae, Senior Counsel Ranjith Thampan, for further proceedings.

The matter has been scheduled for further hearing on January 16, 2025.

Case Title: In Re: Prevention and Management of Natural Disasters in Kerala| WP(C) 28509/ 2024 & Connected Cases

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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