[Wayanad Landslides] Kerala High Court Tells State To Furnish Details Regarding Availability & Utilisation Of Funds In SDRF

The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Mohammed Nias C.P. stated that lack of clarity in accounts could result in unnecessary bickering and cause misinformation.

Court stated orally: We will reconvene tomorrow, what we want is a clear understanding of what is the funds available in the SDRF for actual utilization towards this disaster…if there is any portion from this 782 crores which cannot be utilized for this disaster for any reason, we need to know what that reason is and why it cannot be used. Second, we need to know what are concessions given by the central government?...what is the perceived shortfall that you face after receiving funds from the central government…what is the actual expenditure that you expect to incur in connection with landslide in future. Today what we find is that a lot of bickering is going on either side that the central govt is giving us, not giving us, nobody knows what is to be given or how much.”

For context, it is to be noted that the Rs. 782.99 crore is available in the SDRF. The State Government informed the Court that they are unable to use approximately 153 crores allocated by the Central government for immediate assistance, unless it is demonstrated that 50 percent of the funds in the SDRF have been utilized.

The Counsel on behalf of the Central Government submitted before the Court that Kerala has been allotted Rs 291.20 crores as Central Share, which was released in two instalments following the landslide, on 31st July 2024 and 1st October 2024 respectively. It was also stated that an additional allocation of approximately 153 crore has been made to the state government, which can be accessed once 50 percent of the funds in the SDRF have been utilized.

Therefore, 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 matter has been posted for tomorrow seeking clarification from the State Government. The Court has also directed the Finance officer from the Disaster Management Department to give account statements for clarity.

Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala

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