Supervisory Committee can monitor Mullaperiyar Dam for now, top court rules

The Supreme Court on Friday directed the court's constituted Supervisory Committee to continue monitoring the Mullaperiyar Dam till the National Dam Safety Authority under the new Dam safety Act, 2021 comes into effect.

New Delhi:The Supreme Court on Friday directed the court's constituted Supervisory Committee to continue monitoring the Mullaperiyar Dam till the National Dam Safety Authority under the new Dam Safety Act, 2021 comes into effect. However, it called for the constitution of the National Dam Safety Authority at the earliest. The apex court also directed the states of Kerala and Tamil Nadu to extend all possible assistance to the committee that would be required.

The bench comprising Justices A M Khanwilkar, A S Oka and C T Ravikumar gave the order on the matter regarding the dispute between the states of Kerela and Tamil Nadu over the safety and maintenance of the 126-year-old dam. "The reconstituted supervisory committee in terms of this order passed in exercise of our plenary powers under Article 142 of the Constitution, shall also discharge all the functions of the NDSA delineated in section 9 of the 2021 Act and also in the same manner exercise all its (NDSA's) powers for enforcement of the directions given by it from time to time," the bench said. The Supervisory committee was constituted by the top court back in 2014 to oversee the safety arrangements of the Mullaperiyar dam.

The bench also said that the states must extend complete cooperation for ensuring that directions given by the supervisory committee for the purpose of maintenance of the dam and its safety, are complied with within the prescribed time. Failure to comply with this direction will not only invite appropriate action for having violated the directions of the court but would also be liable to be proceeded with under the new Dam Safety Act. "We say so because the supervisory committee, in terms of this order, is deemed to be discharging all the functions and powers of the NDSA until a regular NDSA becomes functional under the 2021 Act, and more so, orders of this court in that regard," the bench said.

The apex court said in case of any operational issues arising during the execution of directions given by the committee, the chief secretary of the concerned state shall be personally responsible to ensure that every direction given by the committee (including setting apart necessary funds or providing logistical assistance) is taken to its logical end without any exception.

While Kerala wants the 126 year old dam to be abolished and replaced with a newly constructed dam, Tamil Nadu maintains that the dam has no problem structurally after thorough examination of its structure. The court had earlier asked both the states to discuss and find out a solution amicably following which both the states had agreed on setting up a committee and inclusion of expert members from both the states in the committee.

Kerala and Tamil Nadu and the central government had made their submissions before the court after which it was decided that it would be best for the supervisory committee to be entrusted with all the powers and the functions of the regulatory authority to maintain the dam as an interim arrangement till the new authority comes. Kerala had objected to the existing chairman and members of the committee.

However, the apex court had rejected its request for reshuffling saying that the formation of a new committee would take time and safety is the priority right now. The court added that local people living nearby the dam, who have apprehensions about the safety of the dam, can also approach the committee. Their pleas will have to be addressed in a time-bound manner. The states can approach the court in case of any dispute.