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Supreme Court to hear State suit on February 26

J. Venkatesan

It has sought declaration of Kerala irrigation Act unlawful

Kerala NGO files petition to decommission Mullaperiyar dam
Contends it is a danger to lives of people in five districts

New Delhi: The Supreme Court on Wednesday posted for hearing on February 26, a suit filed by Tamil Nadu for declaring unlawful the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 insofar as it applied to the Mullaperiyar dam, and interim stay of its operation.

A Bench of Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice J.M. Panchal, which has framed 11 issues for adjudication, asked the parties to complete the pleadings before the next hearing.

The Kerala law was enacted following the apex court judgment on February 27, 2006 asking Kerala to allow Tamil Nadu to raise the water level from 136 ft to 142 ft after carrying out some repairs.

Jan Sakthi, a non-governmental organisation, represented by Kerala MLA, K.J. Alphons, a retired IAS officer, in a fresh writ petition sought a direction for decommissioning the existing Mullaperiyar dam contending that it was a danger to the lives of people in five districts.

The petitioner said the dam, constructed using “obsolete materials and technology,” had completed 113 years and outlived its life. “If the Mullaperiyar dam gives way, the Idukki dam, which is down stream and is one of the biggest dams in Asia, will also give way and millions will die. The fundamental right to life of millions of people living down stream is threatened. Still Tamil Nadu refuses to decommission the dam.”

“Tamil Nadu pays Kerala Rs.10 lakh a year for the water used and the electricity generated [18 paise per unit], while Tamil Nadu benefits to the tune of Rs.650 crore from this dam…,” the petitioner added.

Referring to the lease deeds executed in 1886 and 1970 (when the lease was renewed), he said “these were impossible contracts to perform, as there was no provision for replacement of the dam in 999 years.”

He quoted the minutes of a joint inspection of the team of engineers of Tamil Nadu and Kerala of various sites to explore the feasibility of locating a new dam on December 20, 1979, which says “…site ‘AA’ is the nearest possible alignment from geographical consideration without impairing the safety of the existing dam during construction. Further detailed investigation is necessary to finalise the alignment.”

He said in spite of the inspection there was no sign of a new dam.

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