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Apex court wants reports on Mullaperiyar dam safety referred to expert body

J. Venkatesan

Three-Judge Bench asks Tamil Nadu, Kerala to submit their opinion today

IIT-Delhi report states dam safety will be compromised even at a level of 136 ft
Tamil Nadu study avers there will be no danger to dam even if level is raised to 142 ft.

New Delhi: The Supreme Court on Wednesday asked the Tamil Nadu and Kerala governments whether the IIT-Delhi report on the safety of the Mullaperiyar dam, and another study conducted by Tamil Nadu, could be referred to an independent, expert body for its opinion.

It asked the States to inform the court about their stand on Thursday, when arguments in the case will resume. The IIT-Delhi report had stated that the dam safety would be affected even at a level of 136 ft.

A three-Judge Bench of Justice Arijit Pasayat, Justice D.K. Jain and Justice Mukundakam Sharma made the query during the course of the final hearing on a suit filed by Tamil Nadu, questioning the law enacted by Kerala to prevent raising the water level beyond 136 ft.

Senior counsel Harish Salve, appearing for Kerala, read out the IIT-Delhi report and maintained that the dam would face the threat even at 136-ft level in the event of floods.

On behalf of Tamil Nadu, it was pointed out that a study conducted by the State had concluded that there would be no danger to the dam even if the level was raised up to 142 ft. The IIT report could not be relied upon.

When Justice Pasayat wanted to know from Mr. Salve whether the opinion of the Central Water Commission could be sought on the report, counsel said, “We don’t have faith in CWC.”

Earlier, Mr. Salve justified the enactment of the Kerala Irrigation and Water Conservation (Amendment) Act, 2006, for protection and safety of all dams in the State, including the Mullaperiyar dam. The State Legislature was well within its authority to remove the basis of the apex court judgment.

He argued that the lease agreement of October 29, 1886, between the State of Tamil Nadu and the Maharaja of Travancore (under which Tamil Nadu got the land on lease and constructed the dam) was subject to the authority and powers of the Kerala Legislature to make laws and impose restrictions on storage as part of the regulatory measure for prevention of submergence of lands beyond the leased lands. He said the suit was not maintainable as raising the water level beyond 136 ft was not an enforceable right. Article 131 of the Constitution barred enforcement of pre-constitutional agreements between princely States.

When Justice Pasayat sought to know whether a contract could be unilaterally terminated, Mr. Salve said the Legislature had the competence to put an end to the contract, which was not in Kerala’s interest. By legislation, a contract could be varied, altered or annulled.

He said “We [Kerala] are more concerned with the safety of our people.

The Chief Ministers of Kerala in 1979 and in 2006 had offered to Tamil Nadu to construct a new dam at our own cost.

But, when this was not acceptable, we have no other alternative but to terminate the contract.”

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