The Kerala High Court on Friday called upon the Central government to develop a national-level disaster management plan specifically for Indian roads, including National Highways, citing the increasing frequency of natural disasters across the country.

A Division Bench of Justices AK Jayasankaran Nambiar and PM Manoj observed:

“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 during the hearing.

The Court directed the Union government to urgently initiate steps towards framing a comprehensive disaster preparedness plan, particularly for the National Highways Authority of India (NHAI), and to inform the Court of progress while filing its affidavit on a separate issue concerning loan waivers.

“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,” the order stated.

The Bench also took strong exception to the Centre’s submission that it lacked the power to order loan waivers for victims of the 2024 Wayanad landslides. The Court noted that the Central government retains such authority under Article 73 of the Constitution, despite the recent amendment to the Disaster Management Act.

The Union government, through an affidavit submitted by the National Disaster Management Authority (NDMA), claimed that it no longer had the statutory power to recommend loan waivers following the removal of Section 13 of the Disaster Management Act through a 2025 amendment.

Rejecting this reasoning, Justice Nambiar remarked:

“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 quasi-federal country where the residual power lies with the Centre.”

He added sharply, “We should not be understanding the law and jurisprudence based on what an Under Secretary sitting in Delhi is saying.”

Appearing for the Union government, Additional Solicitor General ARL Sundaresan acknowledged that the Centre does possess powers under Article 73 but contended that exercising them would be a matter of policy.

The observations were made in a suo motu case initiated by the High Court to monitor the relief and rehabilitation measures following the devastating Wayanad landslides in July 2024, which led to significant loss of life and property.

Previously, the Court had asked the Centre to consider waiving loans of those affected. The latest affidavit from NDMA, however, cited the amended legal framework to suggest that such waivers were beyond its remit.

The matter is now scheduled to be heard further after three weeks, with the Court directing the Centre to file a detailed response outlining its position.