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Tamil Nadu wins case in dam row

J. Venkatesan



A view of the Mullaperiyar dam. — Photo: Johney Thomas

New Delhi: The Supreme Court on Monday directed the Kerala Government to raise the water level in the Mullaperiyar dam from 136 feet to 142 feet by permitting its further strengthening as suggested by the Central Water Commission. (Water from the dam, situated in Kerala, comes to Tamil Nadu under a long-standing agreement, and Tamil Nadu stands to benefit in a good rainfall year from the raising of the level.)

A three-judge Bench comprising Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice P.K. Balasubramanyan passed the order on petitions filed by Janata Party president Subramanian Swamy and the Tamil Nadu Government.

They had sought a direction to Kerala to raise the water level to 152 feet, and as an interim measure to 142 ft.

Writing the judgment, the CJI said that various reports had examined in depth the angle of the safety of the dam on the water level being raised to 142 ft from the present level of 136 ft, including from the viewpoint of earthquake resistance.

"The apprehensions have been found to be baseless. In fact, the reports suggest an obstructionist attitude on the part of State of Kerala," the CJI said.

The Bench noted that the final report of the Committee, set up by the Union Ministry of Water Resources to study the safety aspect, had concluded that Tamil Nadu had completed certain repair works, while Kerala had not allowed some works to be carried out.

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