Back
2025 Supreme(Ker) 2440
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.Jayasankaran Nambiar, P.M.Manoj, JJ.
In Re: Prevention And Management Of Natural Disasters and ors. – Petitioner
Versus
State Of Kerala, Represented By The Chief Secretary and ors. – Respondents
WP(C) NO. 28509 OF 2024
Decided On : 04-07-2025
For the Petitioner: Sri.Baiju Paul Mathews (PartyIn-Person)
For the Respondent:Public Prosecutor, K.Gopalakrishna Kurup, Advocate General, Shri.C.E.Unnikrishnan Spl. G.P To A.G, Shri.V.Manu, Senior G.P. & Sri. S.Krishna & Smt. O.M.Shalina, Deputy Solicitor General Of India & Smts.Krishna Advocate &, M/S. Johnson Manayani & Benhur Joseph Manayani, Advocate, Sri. Suvin R Menon, Central Government Counsel, Sri. Achuth Krishnan, Central Government Counsel, Sri.M.P.Sreekrisnan, (Standing Counsel), Sri.Prakash M.P., Standing Counsel, Smt.O.M. Shalina(Deputy Solicitor General Of India), Sri.K.A.Salil Narayanan, Advocate, Sri. V.Ramkumar Nambiar, Advocate, Sri. Deepu Lal Mohan, Standing Counsel, for, M/S. P.A.Mohammed Shah, Renoy Vincent, Shahir Showkath Ali, Chelson Chembarathy, Muhamed Junaid V., Adith Krishnan.U., Sherin Sheriyar, Nanda Surendran & Sahal Shajahan, Advocate
The NDMA is the competent authority for approving Disaster Management Plans under Section 37(c) of the Disaster Management Act, ensuring compliance and timely implementation of strategies for disaster mitigation.
Headnote:(A) Disaster Management Act, 2005 - Section 37(c) - Competent authority for Disaster Management Plan (DMP) approval - NDMA is designated as the competent authority to approve DMPs from government ministries, which include guidelines for mitigation of natural disasters. (Paras 1-3)
(B) Implementation timeline - Respondents have committed to completing the DMP process, including NDMA's suggestions, within three months, and a separate report concerning the utilization of funds for rehabilitation works is required. (Paras 1-3)
Facts of the case:
The affidavit filed on behalf of the respondent outlined the comprehensive DMP prepared by the Ministry of Road Transport & Highways, which is to be adopted by all implementing agencies, including NHAI, and elaborates on the conditionally approved plan by NDMA following its meeting on 26th May, 2025.
Findings of Court:
The timelines for compliance with the approval and amendment process of the DMP are to be strictly adhered to, and additional reports requested to inform further action.
Issues: The main issue concerns the approval process and timeline for the Disaster Management Plan and the utilization of rehabilitation funds.
Ratio Decidendi: The court emphasized the necessity for timely compliance with disaster preparedness protocols as established in the Disaster Management Act, ensuring all suggested amendments are incorporated for the effective management of natural disasters.
Result: Case adjourned to 25.07.2025.
| Table of Content |
|---|
| 1. union government's compliance with timelines (Para 2) |
| 2. report on rehabilitation funds utilization (Para 3) |
ORDER :
A.K.Jayasankaran Nambiar, J.
In response to the directions in our order dated 13.06.2025, an affidavit has been filed on behalf of respondent No.15 dealing with the apprehensions that were raised in Report No.1(b) of the Amicus Curiae. The operative portion of the affidavit reads as follows:
“3. It is respectfully submitted that under Section 37(c) of the Disaster Management Act 2005, National Disaster Management Authority (NDMA) is the Competent authority to approve the Disaster Management Plan (DMP in short) of Ministries or Departments of the Government of India. The Ministry of Road Transport & Highways (MoRT&H) has taken the following steps for framing comprehensive DMP for all of its implementing agencies including NHAI for mitigation of all kinds of natural disaster:-
(I) MoRT&H has prepared draft DMP in consultation with the implementing agencies, which consists of two parts.
a. Volume-1: Overview and Disaster Management Sub-Plan for Highways.
b. Volume-II: Disaster Management Sub-Plan for Road Accidents.
(ii) The said draft DMP is to be adopted by all implementing agencies of MoRT&H including NHAI.
(iii)The final Draft version of DMP of MoRT&H was approved by the Competent Authority in the MoRT&H and thereafter it has been sent to NDMA in March, 2025 for necessary approval. The final Draft of the DMP was also shared with all implementing agencies including NHAI in March, 2025.
(iv) A meeting was convened by NDMA on 26th May, 2025 to consider approval of the final Draft DMP of MoRT&H. The final Draft of the DMP of MoRT&H was presented before NDMA in the said meeting.
(v) In the said NDMA meeting held on 26th May, 2025 the DMP of MoRT&H was conditionally approved, subject to the incorporation of suggestions and recommendations of NDMA. A true copy of the minutes of the meeting dated 26.05.2025 is produced herewith for reference and marked as Exhibit R15(d).
(vi) MoRT&H is presently working to incorporate the suggestions and recommendations of NDMA after obtaining the relevant information including data from international sources for bench marking and complete the DMP.
(vii) On completion of the process, the final version of DMP shall be notified for its adoption and implementation by all implementing agencies including NHAI.
(viii) The notification is expected to be issued in three months.”
2. During the course of our interaction with the learned Additional Solicitor General of India Sri.AR.L.Sundaresan, we are informed that the timelines stated above would be duly complied with by the Union Government.
3. The learned Additional Solicitor General of India Sri.AR.L.Sundaresan also seeks two more weeks' time to revert to this Court regarding the issue of waiver of bank loans stating that discussions are ongoing between the Ministries concerned and it is expected that a decision would be taken within two weeks.
The learned Amicus Curiae Sri. Ranjith Thampan also suggests that a report be called from the State Government with regard to the manner of utilisation of the amount of approximately Rs.120 crores, which this Court had permitted the State Government to utilise in connection with the rehabilitation works. The learned Advocate General submits that a report in that regard can be furnished by the next date of posting.
Post on 25.07.2025.
