Kerala High Court urges Centre to formulate disaster preparedness plan for Indian roads

The Kerala High Court on Friday urged the Central government to frame a national-level disaster management plan for Indian roads, especially National Highways [In Re: Prevention and Management of Natural Disasters in Kerala]..A Division Bench of Justices AK Jayasankaran Nambiar and PM Manoj noted that there has been an uptick in natural disasters across the country and that it is in the best interest of the nation to have a plan in place. "There is a requirement for a nationwide disaster plan for Indian roads. We are seeing an increase in natural disasters all over the country. It will be in the national interest to have a plan," Justice Nambiar remarked. The Court directed the Centre to expeditiously take steps towards formulating a comprehensive plan in this regard."We are of the view that the Union Government must also address the issue of framing a comprehensive disaster management plan for NHAI so that there is disaster preparedness that would operate across the country. We therefore direct the Union government to mention the steps taken in this regard while filing their affidavit on loan waivers," the Court's order stated. .The Court today also rebuked the Centre for using a 2025 amendment to the Disaster Management Act to submit that there is no provision for it to direct banks to waive loans for those affected by the 2024 Wayanad landslides.The Court pointed out that the government has the power under Article 73 of the Constitution of India to order loan waivers."The undersecretary (of the National Disaster Management Authority, who signed the Centre's counter affidavit) has said that the Centre has no power to order loan waivers. Do not tell us that the Centre is powerless. One can understand having a reluctance to do it. But at least have the courage to say that you won't do it. The Under Secretary can say this, but the Union Government cannot say they don't have the power. It has the power under Article 73. 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. Do not hide behind the legal provision to say that we do not have the power," Justice Nambiar orally remarked..We should not be understanding law based on what an Under Secretary sitting in Delhi is saying...Kerala High Court.The order was passed on a case initiated by the Court suo motu for monitoring relief and rehabilitation efforts for victims of the devastating landslides that struck Wayanad in July 2024, resulting in extensive loss of life and property.The Bench had previously directed the Central government to consider waiving bank loans taken by victims of the landslides. However, the National Disaster Management Authority (NDMA) filed an affidavit this week stating that it no longer has the statutory authority to recommend loan waivers as Section 13 of the Disaster Management Act has been removed by an amendment earlier this year. This was the provision which empowered the government to direct banks to write off loans of those affected by disasters."We should not be understanding the law and jurisprudence based on what an Under Secretary (of National Disaster Management Authority) sitting in Delhi is saying," Justice Nambiar remarked. .Additional Solicitor General of India ARL Sundaresan, appearing for the Centre, agreed that the government does have powers under Article 73, but that it then becomes a policy decision.The Bench then directed the Centre to file a response making its stance on the issue clear and decided to hear the matter further after three weeks. .[Read Live Coverage of the Hearing]