The Hindu : Kerala / Thiruvananthapuram News : Mullaperiyar dam: factors that are favourable for the State

Online edition of India's National Newspaper
Tuesday, Feb 28, 2006

Kerala

Kerala - Thiruvananthapuram

Mullaperiyar dam: factors that are favourable for the State

Roy Mathew

It has certain advantages when it comes to legal jurisdictions It has certain advantages when it comes to legal jurisdictions

THIRUVANANTHAPURAM: The Kerala Government will be taking steps to ensure that the status quo on water level at the Mullaperiyar dam is not altered.

One of the options being considered by the Government is the filing of a review petition before the Supreme Court. However, this may only help to delay matters. The Government has already failed to convince the Supreme Court of the danger posed by the dam to the downstream population.

Kerala argued that the report of the expert committee set up under the auspices of the National Water Commission was unreliable and unscientific. Apparently, it failed to produce evidence to contradict the committee's findings. Unless such evidence is produced, the State may not be able to persuade the Court to review its order.

However, the State has certain advantages when it comes to legal jurisdictions.

Mullaperiyar is not an inter-State river though Tamil Nadu has a right to the water falling in a specified area as per a lease deed signed 110 years ago.

The safety of the dam, which is in Kerala's territory, is under the legal jurisdiction of Kerala.

Kerala recently formed a Dam Safety Authority (DSA) with a former judge of the High Court as its chairman.

The Authority is empowered to recommend the actions needed for the protection of dams, their monitoring and repairs under the Kerala Irrigation and Water Conservation Act. The Government can enforce its recommendations.

There are certain factors in favour of the Government in this regard. Hardly any dam as old as the Mullaperiyar (110 years) is in service anywhere in the world.

The average lifespan of well-designed and well-built dams is generally considered to be about 50 to 60 years by international experts. There is a limit to what maintenance or strengthening can achieve in extending the life of a dam.

CESS report

Besides, the Mullaperiyar dam is not designed to withstand earthquakes.

A study by the Centre for Earth Science Studies here has found that the dam will not be able to withstand an earthquake of the magnitude of six on the Richer scale at higher water levels if the epicentre of the earthquake is near the dam.

Several earthquakes of lesser magnitudes have occurred in the State during the past two decades and scientists have predicted the possibility of earthquakes of magnitude six occurring in the State.

The chances of an earthquake occurring in the vicinity of the dam too are high because of the presence of major lineaments and fault zones in the region.

There is a legal opinion that the State can even legislate to annul the Mullaperiyar agreement reached before Independence. However, this is not a course that the Government would like to take because of the reaction such a measure would cause in Tamil Nadu.

Politically, the Government is finding the situation difficult, especially because this is an election year. Many will be criticising the Government for its ineptitude.

This is why Minister for Water Resources Thiruvanchoor Radhakrishnan was quick to point out that the expert committee had submitted its report before the present Government came to power.

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