The Ministry of Environment and Forests (MoEF) has refused to even consider for Terms of Reference (TOR) for the Kerala government's proposal to construct a new dam at Mullaperiyar.
Noting that the matter in complete perspective was sub judice, the MoEF decided to defer the proposal for grant of clearance to the project till further directions from Supreme Court.
With this clear rejection, the Kerala government will have to wait for orders from Supreme Court for constructing a new dam at Mullaperiyar based on safety considerations replacing the 120-year old dam.
ADVERTISEMENT
When the proposal came up before the MoEF’s expert appraisal committee for river valley and hydro electric projects last month, the committee observed three legal points.
It noted that the Supreme Court, in its order dated May 7, 2014, had granted liberty to the parties – the Tamil Nadu and Kerala governments – to apply to the court if they were unable to arrive at an amicable solution regarding the new dam.
A writ petition filed by Tamil Nadu PWD Senior Engineer Association Vs Home Secretary, Ministry of Home Affairs, in the High Court of Judicature at Madras (Special Original Jurisdiction), at Madurai Bench was pending.
ADVERTISEMENT
After the clearance from the Standing Committee of National Board for Wildlife for conducting Environment Impact Studies, the Tamil Nadu government had filed an Interlocutory Application in Original Suit in the Supreme Court on May 12, 2015.
The Supreme Court had directed the Tamil Nadu’s application be listed before an appropriate Bench in July 2015.
It is in this context the expert appraisal committee decided to defer the proposal till any direction from the Supreme Court.
The Kerala government had put up the proposal for the new dam as the existing was about 120 years old. The proposed dam was being planned 366 metres downstream of the old dam at a cost of Rs 663 crore to be constructed in four years. The total land requirement would be about 50 hectares – all forest land. The total submergence area would be about 22.23 ha.
According to the proposal, both the projects were within the Periyar Tiger Reserve and there was no need for relocation of people.
Mullaperiyar is a politically volatile issue in both the States.
While Kerala is bent on constructing a new dam considering the safety of lakhs of people living downstream, Tamil Nadu is against the new dam contending that the livelihood of people in five districts is at stake.
To defer clearance for the project till further directions from Supreme Court