A view of Mullaperiyar dam
| Photo Credit: SPECIAL ARRANGEMENT
The Supreme Court on Wednesday (February 19, 2025) directed a supervisory committee, constituted by the Centre on January 3 and chaired by the head of the National Dam Safety Authority, to look into issues raised by Tamil Nadu against Kerala concerning the maintenance of the 125-year-old Mullaperiyar dam.
A Bench of Justices Surya Kant and N. Kotiswar Singh said the committee must preferably find a solution acceptable to both Tamil Nadu and Kerala.
Also read: Why is there a fresh row on Mullaperiyar? | Explained
The Bench said the committee must approach the apex court in case the dispute between the States persisted despite its best efforts.
The court directed the committee to schedule a meeting with all stakeholders within a week. The necessary action to address the issues raised in the meeting must be addressed two weeks thereafter. The committee has to submit a status report within four weeks from February 19.
The court noted there were multiple petitions concerning the dam pending before different Benches.
The Bench directed the Registry to refer all the petitions to the Chief Justice of India to be listed before one Bench, preferably a three-judge combination, in the interest of justice.
During the hearing, the Bench orally remarked that a certain hype has been created that any action by Tamil Nadu regarding Mullaperiyar dam may spell disaster for Kerala.
Tamil Nadu has accused Kerala in the Supreme Court of “crying foul” about the safety of the Mullaperiyar dam while at the same time “willfully obstructing” work essential to maintain the structure.
“The State of Kerala on one hand raises the issue of comprehensive dam safety review, but on the other hand is obstructing in granting permissions and approvals for conveying materials and machinery to enable Tamil Nadu from completing the remaining strengthening works,” the Tamil Nadu Water Resources Department had said in an application.
It had contended that Kerala has managed to delay even routine annual maintenance works like painting, patch works, repair to staff quarters, etc, for two months to more than a year.
The State said the reconstituted supervisory committee, despite endowed with powers under the Dam Safety Act, 2021, had so far failed to ensure that Kerala and its instrumentalities permit and facilitate strengthening and other related works on the dam.
Tamil Nadu has sought the court to direct Kerala to allow Tamil Nadu to conduct the remaining strengthening works on the baby and earth dams; the grouting of the main dam; and permission to cut 15 trees to facilitate the strengthening of the baby dam.
Tamil Nadu said the permission to cut the trees was granted by Kerala in November 2021, but was withdrawn days later.
Forest clearance
“Kerala has stated that the balance strengthening works, viz., strengthening the baby dam and earthen dam require forest and wildlife clearances, which is denied. Thus, Kerala has invented a new device to obstruct in carrying out the above strengthening works,” Tamil Nadu had said.
Senior advocate Shekhar Naphade, for Tamil Nadu, said Kerala should realise the “constitutional value of cooperative federalism”.
In 2021, the Kerala government had made a strong pitch in the Supreme Court to decommission the “deteriorated” Mullaperiyar dam operated by Tamil Nadu and build a new one, saying phenomena like climate change, erratic and heavy rainfall and floods have made the spectre of catastrophe real and near. The suggestion for a new dam dates back to 1979.
Kerala’s affidavit had coincided with a red alert issued in Chennai following torrential rains that year. The Chennai rains had come on the heels of several days of downpour in Kerala.
Published – February 19, 2025 07:32 pm IST