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Kerala High Court Seeks Final Decision on Loan Waiver & Receives Disaster Management Plan After Wayanad Landslides

 

Kerala High Court Seeks Final Decision on Loan Waiver & Receives Disaster Management Plan After Wayanad Landslides

The Kerala High Court has received the final version of a comprehensive Disaster Management Plan submitted by the Central Government in response to a suo motu case concerning the catastrophic landslides in Wayanad that occurred on July 30, 2024. The plan, presented before a bench comprising Justices A.K. Jayasankaran Nambiar and Jobin Sebastian, consists of two volumes, one titled ‘Overview and Disaster Management Sub-Plan for Highways’ and the other covering a ‘Disaster Management Sub-Plan for Road Accidents’.

This submission was made following a June 2025 directive by the Court which required the Union Government to formulate this disaster preparedness plan, particularly for the National Highways Authority of India, to ensure better responsiveness and avoid recurrence of large scale disaster damage. During the hearing, the Court also monitored and reviewed the rehabilitation efforts that have been carried out by the State and the support extended by the Centre since the landslides.

A significant part of the proceedings involved the issue of loan waiver for the disaster-affected victims. The Additional Solicitor General of India, A.R.L. Sundaresan, representing the Centre, informed the Court that there was presently ambiguity regarding which Ministry should take responsibility for deciding on the waiver of bank loans taken by those affected by the landslides. He sought time to consult with the appropriate authorities to resolve this ambiguity. He further submitted that a final decision on the waiver matter would be taken within three weeks.

In view of this, the Kerala High Court granted the Union Government three weeks to clarify its stand in an affidavit on the issue of loan waiver. The Court remarked that resolving this loan waiver issue was important, and added—during oral observations—that the amount of money involved is not large compared to what the State Government has already committed, also observing that resolving the matter quickly reflects the larger interests of federal cooperation and responsibility.

The Court also reasserted an earlier direction that no coercive recovery actions should be initiated against Wayanad landslide-victims who have defaulted on loans, at least until the Centre takes a final decision on the waiver question. Thus, victims are temporarily shielded from forced loan recovery efforts during this period.

The matter is listed for a further hearing on October 8, at which point the Kerala High Court expects the Union Government’s affidavit laying out its final position on the loan waiver.

In summary, the Court has now both received the formulation of a detailed disaster-management plan from the Centre and given it a defined timeline to decide on the bank loan waiver for disaster victims, while putting hold on any coercive recovery actions in the interim.

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