The controversy over the Mullaperiyar dam seems to thicken each passing day with the State of Kerala now denying in the Supreme Court that the Lease Agreement of 1886 creates any interest in the lands in favour of Tamil Nadu.
“Mega car parking space”
Responding to Tamil Nadu’s objections about its alleged proposal for a “mega car parking space” and other super structures in the dam area, Kerala denied that the “Agreement of 1886 creates an interest in the lands and the Plaintiff State of Tamil Nadu is entitled to enjoy property to the exclusion of the lessee, ie, Defendant State (Kerala). It is also denied that the State of Tamil Nadu is in possession of the land, much less exclusive possession”.
Further Kerala denied that the area marked for car parking falls in the water spread area of the Mullaperiyar dam.
In a written statement filed before the Supreme Court, Kerala reiterated that the 1886 Agreement was between the two independent sovereigns, namely Secretary of State on behalf of British Crown and Maharaja of Travancore. This agreement did not convey any interest in the lands.
“The Agreement was in the nature of permissive user of the lands for construction of dam and storage of water… The paramountcy Agreement of 1886 did not convey any rights or interests in the land in favour of then Secretary of State or the Plaintiff State of Tamil Nadu,” Kerala contended.
Supreme Court judgment
It claimed that even the 2014 Supreme Court judgment only permitted Tamil Nadu to store up to 142ft, and nothing more.
“The Agreement permitted the Madras Government to construct a dam across River Periyar. The rights created in the instrument are in the nature of a permissive user of land. It is denied that the agreement provided full right, power and liberty to construct, make and carry out works on any part of the said lands demised,” Kerala contended.
“The Lease Agreement of 1886 was in the nature of permissive user of the lands for construction of dam and storage of water”
