Today,22nd April,Tamil Nadu rejected the Survey of India’s findings in the “Mullaperiyar Dam Case.” The Supreme Court set a deadline of July 10 for resolving the matter, emphasizing the need to address Tamil Nadu’s objections. The case involves disputes over land near the dam and has garnered significant legal attention. Both sides expected to provide detailed affidavits to clarify their positions before the deadline.
On Monday, the Tamil Nadu government challenged in the Supreme Court the Survey of India’s conclusion that Kerala did not encroach upon land protected by the Periyar Lake Lease Agreement from October 1886. This dispute arose in the context of Kerala’s implementation of a large parking project near the Mullaperiyar dam.
Justices Abhay S Oka and Ujjal Bhuyan, who overseeing the case, have set July 10 to finalize the legal issues in Tamil Nadu’s original lawsuit against Kerala.
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The bench directed,
“Tamil Nadu has filed an affidavit raising objections to the survey report. The defendant, Kerala, is directed to submit an affidavit addressing these objections.”
Kerala given a four-week period to respond to Tamil Nadu’s objections, and both states instructed to determine the key legal issues for adjudication. In its affidavit, the Tamil Nadu government disputed the survey report, arguing that it inaccurately stated the entire car parking facility built outside the leased area. Represented by senior advocates P Wilson and Umapathi, Tamil Nadu insisted that the Survey of India report should be dismissed.
In its affidavit, the state argued that the survey team should have collaborated with other agencies to determine the original ground level instead of relying on “presumption and surmise.” The Survey of India, which submitted its report to the apex court on March 5, 2024, under seal, concluded that the large car park not built within the leased water area and did not impact the water reservoir. Following a court order on November 11, 2023, the Survey of India tasked with assessing whether any part of the mega car park encroached upon the land specified in the Periyar Lake Lease Agreement of October 29, 1886.
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The agreement, signed between the Maharaja of Travancore and the Secretary of State for India, pertained to the Periyar Irrigation works and spanned a duration of 999 years. In its 2014 lawsuit, Tamil Nadu requested a permanent injunction to prevent Kerala from encroaching on the land leased under the 1886 Agreement, as reaffirmed by subsequent agreements in 1970. Tamil Nadu also sought to suspend any further construction of the mega car park within the leased area and requested the restoration of any encroached land to its original state.
On November 11, 2023, the Supreme Court directed the Survey of India or its designated officers to identify the specific area covered by the lease deed and determine whether the mega car park’s construction occurred within that leased area.
The bench stated,
“We instruct the Survey of India or its appointed officers to conduct the demarcation and survey, providing prior notice to the designated officers from both states,”.
They granted the Survey of India a three-month period to submit its report directly to the apex court.