The Centre on Monday told the Supreme Court that around Rs 3,400 crore has been released to the Karnataka government for drought management in the state.
A bench of Justices BR Gavai and Sandeep Mehta heard a plea filed by the Karnataka government seeking a direction to the Centre to release financial assistance from the National Disaster Response Fund to the state for drought management.
The bench asked Attorney General R Venkataramani, who was appearing for the Centre, “Some amount has already been released.”
The top law officer stated that around Rs 3,400 crore has been released.
KAPIL SIBAL ON THE CASE
Senior advocate Kapil Sibal, appearing for Karnataka, said Rs 3,450 crore has been released but the state’s request was for assistance of Rs 18,000 crore.
He said that an inspection was done by an inter-ministerial team which sent a report to a sub-committee.
Referring to a chart annexed in the state’s petition, he said that it relates to the claims made in accordance with the policy of the Centre.
Sibal stated that the amount sought for gratuitous relief to families whose livelihood is seriously affected due to drought was Rs.12,577 crore.
Sibal said, “The problem is, according to us, this particular claim has not even been addressed and this is part of the policy of the Government of India under the National Disaster Management Act.”
He stated, “We are grateful for the amount which has been given. There is no issue on that.”
Sibal stated that there was an inter-ministerial team which went to the state and looked at all these factors and gave a report to the sub-committee, which in turn then send it to the appropriate authority to take a decision.
“That inter-ministerial report is not with us,” he said, adding, “So my request to your lordships is that ask them to place that report before your lordships and in accordance with that, whatever is decided, we have no problem.”
Venkataramani stated that whatever the inter-ministerial team recommended, the sub-committee took that into account.
When the bench asked about the recommendations, the top law officer stated, “I wish to say the recommendations have been acted upon.”
The bench asked him to place the recommendation of the inter-ministerial team.
He said, “I will place a note.”
The bench posted the matter for hearing on April 6.
On April 22, the Centre told the top court that the Election Commission gave clearance to it to deal with the issue raised by Karnataka regarding financial assistance for drought management.
BENCH OBSERVATION
The bench observed, “This should all be done amicably…we are having a federal structure.”
The petition sought to declare that the Centre’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 & 21 of the Constitution.
It stated 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 stated 196 taluks are categorized as severely affected and the remaining 27 as moderately affected.
The plea, filed through advocate DL Chidananda, stated, “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 Rs 35,162 crore.”
It stated the assistance sought from the Centre under the NDRF is Rs.18,171.44 crore.
It stated the state is constrained to move the top court against the “arbitrary actions” of the Centre in denying the financial assistance for drought management to Karnataka under the Disaster Management Act, 2005 and the manual for drought management updated in 2020.
The plea stated, “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.”
It stated under the manual for drought management, the Centre is required to take a final decision on the assistance to the state from the NDRF within a month of the receipt of the inter-ministerial central team.
The plea stated, “Despite the IMCT report, which visited various drought affected districts from October 4 to 9, 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.”
