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State not for confrontation with apex court: Thiruvanchoor

Special Correspondent

`Government does not propose to breach Mullaperiyar pact'

THIRUVANANTHAPURAM: Minister for Health and Water Resources Thiruvanchoor Radhakrishnan, on Friday, blamed the Tamil Nadu Government for trying to turn the Mullaperiyar issue into a confrontation between Kerala and the Supreme Court.

The Minister said in a statement here that argument of the Tamil Nadu Government that the Kerala Irrigation and Water Conservation (Amendment) Bill went against Section 108 of the State Reorganisation Act of 1956 was baseless.

The Kerala Government did not propose to breach the Mullaperiyar agreement signed between the Maharaja of Travancore and the Madras Government in 1886.

Nor was it for a dispute with Tamil Nadu over the agreement, though several provisions of the agreement were against its interest. It did not propose to mix these issues with the Supreme Court verdict.

The people of Kerala, he said, are concerned about the safety of the 110-year-old dam. What they objected to is the observation of the court that the waters from the Mullaperiyar would be contained in the Idukki dam in case of a breach of the dam.

"The court has not considered the seriousness of the catastrophe that will befall a population of 35 lakhs in five districts in case of a dam failure. This pains us. Under such a circumstance, the only option before Kerala is to ensure the safety of dams through legislation."

Mr. Radhakrishnan said the State Government had powers to legislate in this area under Section 17 of the Seventh Schedule of the Constitution. Mullaperiyar was a river within the State in its entirety. The State had the powers to decide on its waters and public safety. The legislation did not infringe upon any Constitutional provisions or fundamental rights.

He added that Kerala did not use its legislative powers against another State.

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