The Hindu : New Delhi News : Supreme Court to take up Mullaperiyar case in January

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Friday, Dec 14, 2007
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Supreme Court to take up Mullaperiyar case in January

J. Venkatesan

New Delhi: The Supreme Court on Thursday said it would frame the issues for adjudication in the suit filed by the Tamil Nadu Government for declaring the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 insofar as it applied to the Mullaperiyar dam unlawful and an interim stay of its operation.

A Bench of the Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice J.M. Panchal told counsel for the parties that it would hear the matter in the third week of January 2008. Senior counsel for Tamil Nadu V. Krishnamurthy and senior counsel for Kerala Harish Salve submitted a set of issues for adjudication.

The Bench said it would frame the issues from the list identified by them and thereafter hear the matter, along with the application for interim relief.

Kerala law

The Kerala law was enacted following a judgment of the apex court delivered on February 27 asking Kerala to allow Tamil Nadu to raise the water level from 136 ft to 142 ft after some repairs were carried out.

Draft issues

The combined draft issues submitted to the court include: is the Kerala law unconstitutional in its application to the Mullaiperiyar dam? Is the suit maintainable? Whether the rights of Tamil Nadu crystalised in a Supreme Court decree dated February 27, 2006 be nullified by a State legislation? Whether this judgment deciding the safety of the dam and its effect on environment including flora and fauna required reconsideration? Whether Kerala could be permitted to raise the pleas rejected by the apex court? Whether the suit founded on a legal right under the lease deed executed between the government of Maharaja of Travancore and the Secretary of State for India on October 29, 1986 is barred by Article 131 of the Constitution (original jurisdiction of the Supreme Court)?

Whether the agreements between Kerala and Tamil Nadu on May 29, 1970 are in conformity with the provisions of Article 299 (contracts)?

Whether the offer of Kerala for construction of a new dam across the river Periyar in the downstream region of the Mullaperiyar dam meets the ends of justice and can there be any enforceable agreement which is contrary to the provisions protecting flora and fauna, biodiversity and the environment?

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