NEW DELHI: The Supreme Court on Tuesday directed the Survey of India (SoI) to examine whether a mega car park constructed by Kerala at Mullaiperiyar Dam is encroaching property covered under the Periyar Lake Lease Agreement of October 1886.
As per the October 29, 1886 lease indenture, TN was given the exclusive right and liberty to use 8,000 acres at the confluence of Periyar and Mullayar in addition to 100 acres for constructing the dam. The agreement also gave the right to use water from the dam for irrigation for a period of 999 years.
A Bench led by Justice Abhay S Oka asked the SoI to first demarcate and survey the area under the lease agreement and to identify the construction of the mega car park. The order came while the bench was hearing a suit filed by TN against Kerala for constructing the park inside the Mullaperiyar catchment area.
The top court granted a period of three months for the central mapping agency to conduct the survey and to file a detailed report while posting the matter on March 11 next year. Initially, TN had approached the SC challenging an order of the National Green Tribunal permitting Kerala to proceed with a “mega car parking” project in the water spread area of Mullaperiyar dam, saying the area is leased to the state.