Supreme Court Over Mullaperiyar Dam: “Some People Creating Hype That Kerala Will Be Devastated”

The Supreme Court Today (Feb 19) criticized the fear-mongering over Tamil Nadu’s actions on the Mullaperiyar dam and ordered a supervisory committee to resolve disputes between Tamil Nadu and Kerala.

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Supreme Court Over Mullaperiyar Dam: "Some People Creating Hype That Kerala Will Be Devastated"

NEW DELHI: The Supreme Court on Wednesday said that some people have created a big issue, saying that anything Tamil Nadu does related to the Mullaperiyar dam could badly affect Kerala.

A Bench of Justices Surya Kant and N Kotiswar Singh said this while hearing a case filed by the Tamil Nadu government. Tamil Nadu complained that Kerala had taken back its permission to do certain activities near the dam, like cutting trees.

“Some have created hype that if something is done in Tamil Nadu, then Kerala will be devastated,”

-the Court remarked.

The Court directed the new supervisory committee, which was formed in January this year, to look into Tamil Nadu’s requests and take a decision.

“The committee shall find out a solution preferably which may be acceptable on both sides,”

-the order said.

If there is any disagreement about any issue, the supervisory committee will submit a report to the Court to resolve the remaining problems.

“Chairman shall convene a meeting of both States to address the issues and action shall be taken two weeks thereafter and a report shall be submitted to this court in the 4th week from today,”

-the Court said.

The Court also decided that all matters related to the Mullaperiyar dam dispute should be heard by a three-judge Bench of the Supreme Court.

“Some matters are required to be placed before three-judge bench. Thus in interest of justice, all matters shall be clubbed and be placed before the CJI for appropriate orders for listing before a three judge bench,”

-the Court said.

The Mullaperiyar dam was built by the British and has been a point of conflict between Tamil Nadu and Kerala for many years.

The dam and the area around it are inside Kerala, but the water from the reservoir is used by Tamil Nadu, which depends on it for five districts.

Supreme Court Over Mullaperiyar Dam: "Some People Creating Hype That Kerala Will Be Devastated"

In 2014, the Supreme Court ruled in favor of Tamil Nadu, stating that the dam is safe, but the water level should not go beyond 142 feet. The Court had then formed a supervisory committee to oversee the dam’s management.

Tamil Nadu has always insisted that the dam is safe and has asked for permission to strengthen it further.

During the Kerala floods in 2018, a petition was filed in the Supreme Court. As a temporary measure, the Court passed an interim order to maintain the water level at 139 feet.

Kerala has always argued that the dam is unsafe and should be decommissioned.

During the hearing, Senior Advocate Shekhar Naphade, representing Tamil Nadu, said that Kerala was stopping the implementation of the Supreme Court’s judgment.

“We are on the narrow issue of execution of decree. Permission to cut 15 trees was granted and then suddenly revoked. The exact motive of Kerala is that the dam which is there be demolished,”

-Naphade said.

“The dam is now 25 years older. They are avoiding the review which has to happen every 5 years and they are avoiding that,”

-Senior Advocate Jaideep Gupta said on behalf of the State of Kerala.

“State of Kerala should realise that there is a constitutional value of cooperative federalism,”

-Naphade said.

Click Here to Read Our Reports on CJI Sanjeev Khanna

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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