Chennai: Contending that the provisions in the proposed draft Dam Safety Bill, 2016, did not augur well to cater to the interest of states like Tamil Nadu which owns, operates and maintains dams in other state, Chief Minister J. Jayalalithaa on Sunday requested Prime Minister Narendra Modi to “re-examine the need for such a legislation.”
Urging him not to proceeded “in haste,” in passing the bill, without discussing the issues raised by Tamil Nadu threadbare” Ms Jayalalithaa said the overriding powers proposed to be given to the National Dam Safety Organisation to inspect dams and reservoirs in states is against the spirit of the constitution.
“Dams and Reservoirs constructed on a river flowing within the State fall squarely within the state government’s competence under Entry 17 of List II. Such Dams and Reservoirs are owned, operated and maintained by the state governments concerned,” she said and pointed out that the present draft Bill did not specifically provide for Dams and Reservoirs which are owned, operated and maintained by a State, but located in another State by virtue of long standing Inter-state agreements which have been upheld through SC judgments.
Should not overturn state’s rights: “This is a grave omission. There are established rights under pre-existing long term agreements which require that certain dams in a state are operated and maintained by another State. Tamil Nadu’s Mullaiperiyar, Parambikulam, Thunakkadavu and Peruvarippallam Dams are owned, operated and maintained by the Government of Tamil Nadu by virtue of Inter State Agreements, but are located in a neighbouring State. The present draft law, by oversight or deliberate design, cannot and should not overturn such rights, which would affect a large number of farmers and households depending on the reservoirs for irrigation and drinking water supply,” the CM stated.
The Bill, she said, ought to have contained a proviso/Explanation which ensures that in the case of such dams, which are located in one state, but are owned, operated and maintained by another State, the State owning, operating and maintaining the dam should be recognised and treated as the dam owning State and made responsible for the safety of the dam.
Seeking the PM’s personal intervention regarding the bill circulated by the Ministry of Water Resources, River Development and Ganga Rejuvenation, Government of India, for the comments of the state governments, she said that as State Governments have adequate expertise and experience on Dam Safety and as the Central Water Commission is also associated with Dam Safety aspects, there appears to be no pressing need or necessity to have a Central legislation on the issue.
Since the draft Bill covers an area which falls in large measure within the legislative competence of states, Government of India must desist from needless adventurism and not ride roughshod over the federal constitutional framework. “Hence, I request you to direct the Ministry of Water Resources, Government of India, to reconsider the need for the proposed legislation on Dam Safety,” she said.
