New Delhi: In a setback to the Kerala government, the Supreme Court on Wednesday struck down a law promulgated by it declaring Mullaperiyar dam as endangered, and restrained it from obstructing Tamil Nadu government to raise the water level.
A five-judge constitution bench headed by Chief Justice R M Lodha directed the Kerala government not to implement the Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
It also appointed a three-member committee comprising representatives of the Centre and the governments of Tamil Nadu and Kerala to supervise safety of the dam periodically.
It empowered the committee to issue directions for ensuring the safety of the dam.
The apex court had on August 21, last year, reserved its verdict on the legal battle between Tamil Nadu and Kerala governments over Mullaperiyar dam.
There had been differences between the two states over the safety of the dam. While Tamil Nadu contended the dam was safe and its water level had to be raised from 132 feet to 136 feet, Kerala maintained that the structure was weak and needed to be replaced.
As tension between the two states rose in December 2011, a two-member technical team of the apex court-appointed Empowered Committee had visited the site and concluded that recent tremors in that region did not have any impact on the dam and that it was safe.
Kerala to file review plea in Mullaperiyar case
Thiruvananthapuram: With the Supreme Court order in the Mullaperiyar case coming as a severe setback to the long-held stand of Kerala that the 119-year-old dam is unsafe, the Congress-led UDF Government today decided to file a review petition seeking redressal of the state's grievance.
The state cabinet which looked into the judgement was of the view that the safety concerns of nearly four million people in five downstream districts had not been taken into account by the order.
"Genuine anxieties of Kerala about the safety of the dam did not get sufficient consideration. So, the cabinet is of the view that the apex court should be approached through a review petition," chief minister Oommen Chandy told reporters after the cabinet meeting this evening.
The apex court today held that the Mullaperiyar dam is safe and allowed the Tamil Nadu Government to raise the water level to 142 feet and ultimately to 152 feet after completion of strengthening measures on the dam.
Chandy said Kerala was never opposed to giving water to Tamil Nadu. The sole concern of the state was the safety of the dam. It was out of this consideration that the state assembly unanimously passed the dam safety legislation in 2006.
"Our persistent stand is water for Tamil Nadu and safety for Kerala", he said.
Though there had already been a political consensus in the state on the issue, an all-party meeting would be convened soon to discuss the situation arising out of today's apex court order, he said.
Chandy rejected the suggestions that there had been lapses in the party of the government in presenting its case convincingly before the court.
The chief minister appealed to the agitators in Idukki district to exercise restraints in the protests. "Kerala has always reacted in a restrained manner and we want the same to approach to continue", he said.
Earlier in the day, the opposition LDF also voiced serious concern over the apex court decision.
