New Delhi:The Supreme Court on Monday after noting the objections of the Tamil Nadu government to the Survey of India (SoI) report filed in connection with the construction of a mega car park project by Kerala in the Mullaperiyar catchment area, scheduled the state government's original suit against Kerala for framing of legal issues on July 10.
A bench led by Justice AS Oka recorded Tamil Nadu’s objection to the findings of the SoI’s report on the parking project. The Tamil Nadu government was represented by senior advocates V. Krishnamurthy, P. Wilson, G. Umapathy, and advocate D. Kumanan. The state government, in an affidavit, said the survey team did not ascertain the original ground level at the Mega Car Park site. The state government has filed its objections to the Survey of India report dated March 5, 2024, and stressed that the report of the Survey of India has to be rejected.
The Tamil Nadu government's affidavit said the SoI team ought to have approached suitable agencies like Central Soil and Materials Research Station for the purpose of ascertaining the original ground level. It stressed that the SoI team should not have arrived at a conclusion based on presumption and surmises.
The apex court, in November last year, had directed the SoI to examine and file a report before it on whether a mega car parking project by Kerala near the Mullaperiyar dam area entered the property covered by the Periyar Lake Lease Agreement of October 1886. The top court has also permitted the Kerala government to file its objections to TN's response to the Survey of India’s report.
According to a counsel familiar with the hearing, the Survey of India, in its report in the Supreme Court, had contended that the mega car park is not constructed within the leased water area and does not affect the water reserve areas. The apex court asked both state governments to file draft legal issues for adjudication by the court.
The Tamil Nadu government had moved the Supreme Court challenging the decision of the National Green Tribunal, which allowed Kerala to go ahead with a “mega car parking” project in the water-spread area of the Mullaperiyar dam. Kerala had denied that the area marked for car parking fell in the water-spread area of the Mullaperiyar dam.
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