The Hindu : New Delhi News : State’s counsel concludes cross-examination

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State’s counsel concludes cross-examination

J. Venkatesan

Tamil Nadu’s witness asserts safety of the Mullaperiyar dam

Counsel cross-examined witness for 10 days
Cross-examination of Kerala’s witness has begun

New Delhi: Kerala completed its cross-examination of Tamil Nadu witness, R. Subramanian, former Chief Engineer who had stated that the Mullaiperiyar dam was safe for storages up to 142 ft with regard to stability analysis, seismic assessment and hydrological assessment.

Mohan Katarki, counsel for Kerala, cross-examined the witness for 10 days. About 800 questions were put to him on various aspects of the dam. He confronted Mr. Subramanian with 37 exhibits, including material relating to the collapse of the St. Francis dam and reconstruction of the Boyd’s Corner dam in the U.S.

The Supreme Court has appointed Anil Dev Singh, former Chief Justice of Rajasthan, to record the cross-examination in the suit filed by Tamil Nadu challenging Kerala’s law to prohibit it from raising the water level of the dam beyond 136 ft. Pursuant to the order, Tamil Nadu produced one witness and Kerala, five witnesses.

In the suit, Tamil Nadu maintained that the dam was safe to hold water up to 142 ft, initially and up to 155 ft thereafter. However, Kerala said “in the changed circumstances, the opinion of the Expert Committee of Government of India does not hold good.”

On the offer of Kerala that a new dam would meet ‘the ends of justice’ as that would balance the fear perceptions of people of Kerala on the one hand and address the reasonable needs of the people of Tamil Nadu, Mr. Subramanian submitted that “there is no such need for new dam.” However, he admitted that fresh feasibility study had to be conducted for construction of a new dam in the downstream region of the Mullaiperiyar dam.

Mr. Subramanian admitted that the quantum of water drawn by Tamil Nadu from 1979, when the storage level was reduced to 136 ft, was more than the water drawn prior to 1979. He said that not a drop of water from the territory of Tamil Nadu “flows into the Mullaiperiyar dam.” On the Expert Committee Reports of the Government of India of 2001, Mr. Subramanian defended that they were correct. However, he admitted that he had no knowledge of how and why various decisions on safety were taken by the Committee as he was not a member. After the conclusion of the cross examination of Mr. Subramanaian, Kerala witness V.K. Mahanudevan, Superintending Engineer, was cross examined by Tamil Nadu counsel. It would continue tomorrow.

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