In the case of the Mullaperiyar dam, Kerala is willing to work out a mechanism similar to the one employed for its supply of drinking water to Coimbatore under the Siruvani water supply scheme, Harish Salve, senior counsel appearing for the State, submitted in the Supreme Court on Tuesday.
Mr. Salve argued that Section 108 of the States Reorganisation Act could not be read as prohibiting the Kerala legislature from making laws regulating the activities of the lessee (Tamil Nadu) which might be for alteration, cancellation or changing the terms of the lease for ensuring the safety and security of its inhabitants from the danger posed by an increase in the water level. He pointed out that this aspect was incorrectly decided in the 2006 judgment. The arguments will continue on Wednesday.
Swamy to file application
The court gave permission to Janata Party president Subramanian Swamy to file an application to intervene in the suit filed by Tamil Nadu against Kerala in the Mullaiperiyar dam case.
Dr. Swamy submitted before a five-judge Constitution Bench, comprising Justices D.K. Jain, B. Sudershan Reddy, Mukundakam Sharma, R.M. Lodha and Deepak Verma, that he wanted to intervene in the matter as he was apprehensive that there would be collusion between the two States. Justice Jain said that he could file the application, which would be considered during the course of hearing.
