Supreme Court hears Karnataka plea for drought relief funds release

Urging the court to take up the matter after two weeks, the solicitor general said they would take instructions in the matter.

“Let there not be a contest between the Union and the state,” the bench said.

Also Read: Siddaramaiah accuses FM Sitharaman of lying on drought relief fund to Karnataka

‘Somebody should have spoken to authorities’

Mehta said instead of filing a petition in the top court if somebody had spoken to the authorities on the issue, the problem could have been resolved.

“We have seen various state governments are required to approach the court,” the bench observed.

Mehta said, “I don’t wish to say why, but this is a growing tendency…”.

When the bench orally said it would issue notice to the Union government, the solicitor general said, “Your lordships may not issue notice. It also becomes news. We are here”.

The bench noted that the top law officers, who were appearing on advance notice, had stated that they would seek instruction and make a statement before the court on the next date.

It posted the matter for hearing after two weeks.

Hon. Supreme Court directs Government of India to take a decision and file a statement in 2 weeks. Hon. Supreme Court said “how many times the states have to come to Court?”

Government of India said they will resolve the issue and come back to Court. pic.twitter.com/7XQSiX1k5x

— Krishna Byre Gowda (@krishnabgowda) April 8, 2024

The petition

The petition has also sought to declare that the Union government’s action in not releasing the financial assistance for drought arrangement as per the NDRF is “ex-facie violative” of the fundamental rights of the people of the state guaranteed under Articles 14 and 21 of the Constitution.

It said the state is reeling under “severe drought”, affecting the lives of its people and for the Kharif 2023 season, which starts in June and ends in September, a total of 223 out of 236 taluks are declared as drought-affected.

The plea said 196 taluks are categorised as severely affected and the remaining 27 as moderately affected.

“Cumulatively for kharif 2023 season, the agriculture and horticulture crop loss have been reported in more than 48 lakh hectares with the estimated loss (cost of cultivation) of ₹35,162 crore,” the plea, filed through advocate DL Chidananda, said.

It said the assistance sought from the Government of India under the NDRF is ₹18,171.44 crore.

“In terms of the Disaster Management Act, 2005, Union of India is under obligation to render financial assistance to the state governments,” the plea, settled by senior advocate Devdatt Kamat and state’s Advocate General K Shashi Kiran Shetty, said.

Amit Shah’s jumla and lies exposed by none other than Smt. Nirmla Sitaraman!
She admits delay in drought relief is from Central Government and she says it is “completely avoidable.”
Home Minister had bogusly tried to blame state govt. Record is set right by FM. pic.twitter.com/w3WY02pyeV

— Krishna Byre Gowda (@krishnabgowda) April 7, 2024

‘Arbitrary actions’

It said the state is constrained to move the apex court against the “arbitrary actions” of the Union government in denying financial assistance for drought management to Karnataka under the Disaster Management Act, 2005 and the manual for drought management updated in 2020.

“Further, the impugned action of the Central Government is violative of statutory scheme of the Disaster Management Act, 2005, the manual for drought management and the guidelines on constitution and administration of the State Disaster Response Fund and National Disaster Response Fund,” the plea said.

It said under the manual for drought management, the Union government is required to make a final decision on the assistance to the state from the NDRF within a month of the receipt of the inter-ministerial central team (IMCT).

“Despite the IMCT report, which visited various drought affected districts from 4 to 9 October, 2023 and made a comprehensive assessment of drought situation in the state and consideration of the said report by the sub-committee of the National Executive Committee constituted under section 9 of the Disaster Management Act, 2005, Centre has not taken a final decision on the assistance to the state from the NDRF even after a lapse of almost six months from the date of the said report,” the plea said.

It alleged that inaction on the part of the Union government to act on the report and take a final decision to release financial assistance to the state is “ex-facie illegal, arbitrary, and violative of fundamental rights” guaranteed to its citizens under Article 14 and Article 21 of the Constitution.

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