Supreme Court keen to end fight over Mullaperiyar

The court has made it clear that it wants to strengthen and widen the ambit and responsibilities of the supervisory committee

The 126-year-old Mullaperiyar dam is a source of water for Tamil Nadu and is said to be a reservoir of danger during monsoon for Kerala | Photo Credit: Vibhu H

The Supreme Court on March 24 said it is keen to end, once and for all, the “perennial” court battles between neighbouring Tamil Nadu and Kerala over the 126-year-old Mullaperiyar dam, a lime-and-mortar structure which is a source of water for one State and said to be a reservoir of danger during monsoon for another.

The court has made it clear that it wants to strengthen and widen the ambit and responsibilities of its supervisory committee, making it primarily in charge of the maintenance and structural safety of the dam.

A Bench led by Justice A.M. Khanwilkar suggested including two technical experts in the committee. The panel could itself do the instrumentation work in the dam. It would be entirely responsible for structural safety of the dam. The committee would direct Tamil Nadu and Kerala to do the necessary safety work within a reasonable time. The Chief Secretary would be held accountable and liable for contempt action in case of any delay by either Kerala or Tamil Nadu to comply with the committee’s directions.

Time given till Tuesday

The Bench gave the two States time till Tuesday to meet on the court’s proposal. It said the States could present the minutes of their meeting. The minutes could be made part of the court order and made binding on the two States.

“This is a perennial problem between the two States. Ground level action is required here or this problem will go on forever,” Justice Khanwilkar observed orally.

Reasonable suggestion: T.N.

Tamil Nadu, represented by senior advocate Shekhar Naphade, said the court’s suggestion to empower the supervisory committee was “eminently reasonable”.

Advocate V.K. Biju, appearing for residents in the vicinity of the dam, said they would support any constructive measures that would ensure the safety of their lives and property.

Kerala, represented by senior advocate Jaideep Gupta, said the proposal should not be lost in the “sidewinds” created by individual demands of the States.

Increasing of water level

“Tamil Nadu wants the dam to be made safe and then increase the height of the water level from the present maximum of 142 feet… We want the existing to be made safe until a new dam is built as a long-term measure,” Mr. Gupta submitted.

The court however said increasing the height of the water level from the maximum 142 feet was “out of the question”.

“To increase from 142 feet is out of the question until the Supreme Court’s Constitution Bench judgment of 2006 [which fixed the level at 142 feet] is overturned,” Justice Khanwilkar underscored.

The court said the issue of building a new dam could also be addressed by the supervisory committee.

A counsel appearing for the supervisory committee said it had been rendered almost “toothless”.

“Although the supervisory committee has been clothed with powers, its orders are not followed by the States,” the counsel for the committee informed the court.

“We will make the Chief Secretary accountable for non-compliance. The Chief Secretary concerned will be held accountable for contempt of court… What we need here is a wholistic and comprehensive measure. For this, we will empower the supervisory committee,” Justice Khanwilkar addressed the counsel.