Tamil Nadu's plea in Supreme Court seeks direction to Centre to release disaster relief fund

New Delhi: Tamil Nadu has filed a plea in the Supreme Court seeking a direction to the Centre to release of a sum of Rs.19,692.69 crore as financial assistance for the damage caused by cyclone 'Michaung' in December 2023, contending despite several requests funds were not made available in violation of fundamental rights of the affected people.

The plea comes close on the heels of Karnataka government filing a similar petition seeking a release of Rs 35,162 crore for drought relief in view of "grave humanitarian distress" and "calamity" of severe nature faced by it.

In an original suit filed through the Chief Secretary, the DMK government sought a direction to consider a representation by the state made on December 14, 2023, submitted through the Inter-Ministerial Central Team, Ministry of Home Affairs, Government of India. It had sought a release of Rs 2,000 core as interim measure.

"The inaction on the part of the Government of India to act on the reports 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 of India," it said.

The state government asked the court to direct the Centre to also consider the representation made on December 26, 2023 submitted to Union Finance Minister, regarding release of a sum of Rs 18,214.52 cr as financial assistance for the damage caused by the unprecedented extremely heavy rainfall in southern districts of Tamil Nadu on December 17-18 within a time frame.

The suit was filed under Article 131 of the Constitution through senior advocate P Wilson Senior Advocate and standing counsel D Kumanan.

It contended the IMCT visited cyclone-affected districts and the flood-affected southern districts and made a comprehensive assessment of the situation in the State.

However, the Union Government has not taken a final decision on the assistance to the state from the National Disaster Response Fund even after a lapse of almost three months from the date of submission of memoranda, it contended.

"There has been an inordinate delay by the Ministry of Home Affairs in convening High Level Committee meeting to approve the quantum of relief from NDRF and consequential release of the funds to the State of Tamil Nadu by the Finance Ministry which hampers the State development and causes mental agony and hardships to the people of this State who have suffered the severe natural calamities and who are expecting the relief measures from the Plaintiff State," it said.

After IMCT reports, meeting of the Sub-Committee of the National Executive Committee was held on March 15, 2024 to consider the reports of the Inter-Ministerial Central Teams on damages caused by floods and flash flood, landslides and cyclones of 2023 in Andhra Pradesh, Assam, Sikkim and Tamil Nadu.

"The High Level Committee with the following members (a) Home Minister (b) Agriculture Minister (c) Finance Minister (d) Vice Chairman, National Institution for Transforming India (NITI) are yet to meet and take a decision in this regard and it is unknown whether High Level Committee meeting has ever taken place in this regard," the plea said.

The 15th Finance Commission, which has allocated National Disaster Response funds for the award period 2021-2022 to 2025-2026, has dealt with the additional financial assistance in the event of disaster of severe nature.

"This has been scrupulously complied by the plaintiff. Therefore, there is no valid reason or justification to delay the disbursement of funds to the plaintiff State when all the required formalities are fulfilled as per the guidelines and the National Disaster Management Act 2005. The Plaintiff State is being treated unfairly by the Defendants for not releasing the NDRF despite being assessed by the experts, IMCT, and sub-committee of National Executive Committee," the plea said.

The state claimed there is no justification in delaying the release of funds.

"The differential treatment in the release of funds in comparison to other states is tantamount to class discrimination. It violates the fundamental rights of those who have suffered due to calamities and faced greater hardships and irreparable losses. This step-motherly treatment violates the National Disaster Management Policy, including financial relations and the federal nature of tax division by unfairly allocating funds to some states over others," it said.