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Mullaperiyar: CJI urged to constitute new Bench

J. Venkatesan

Apex court hearing a suit filed by Tamil Nadu government

One of the judges is due to retire next month
Bench adjourns matter to
November 17

New Delhi: Even as the case relating to the Mullaperiyar dam has been posted for hearing on November 17, a three-judge Bench of the Supreme Court on Wednesday requested Chief Justice of India K.G. Balakrishnan to constitute a new Bench to take it up.

The court is hearing a suit filed by the Tamil Nadu government for a declaration that the Kerala Irrigation and Water Conservation (Amendment) Act, 2006, applicable to the Mullaperiyar dam, was unconstitutional, null and void and as being beyond the legislative competence of the Kerala Assembly. It wanted interim stay of the operation of the law insofar as it pertained to the dam.

The Kerala law was enacted following a judgment of the apex court, delivered on February 27, 2006, asking Kerala to allow Tamil Nadu to raise the water level from 136 to 142 ft initially after some repairs were carried out and, finally, up to 155 ft.

The law empowered the Kerala’s Dam Safety Authority to arrive at its own findings on the dam safety and direct Tamil Nadu to suspend or restrict the functioning of the dam or even decommission it, and Tamil Nadu was obliged to comply with such directions.

It was the contention of Tamil Nadu that there was no scientific basis for Kerala’s apprehension that if the water level in the dam was raised above 155 ft, it would pose danger to the districts downstream.

The Kerala government justified the enactment of the law and said it was meant to protect the safety of all dams in the State, including the Mullaperiyar dam.

On Wednesday, the matter was listed for the final hearing before a Bench, comprising Justice Arijit Pasayat, Justice C.K. Thakker and Justice D.K. Jain, after Justice Anil Dev Singh, the Supreme Court appointed one-man committee completed recording of evidence in the suit.

Senior counsel V. Krishnamurthy, appearing for Tamil Nadu, explained the sequence of events in this case. Thereafter, senior counsel K. Parasaran explained the scope and the ramifications of the law enacted by Kerala. Senior counsel Harish Salve appeared for Kerala.

It was pointed out that since Mr. Justice Thakker was due to retire next month, it might not be possible to complete the hearing before this Bench. In view of this, the Bench adjourned the matter to November 17, with a request to the CJI to constitute a new Bench for giving directions in the matter on that day.

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