KOCHI: In a significant order, the Supreme Court has agreed to reexamine the validity of the 1886 lease deed between the princely state of Travancore and the British regime for the construction of the Mullaperiyar dam.
The court agreed to reexamine the case considering the issues raised by Kerala in the original suit of 2014. The July 27 SC order had directed both Tamil Nadu and Kerala to produce the documents within eight weeks. The case is likely to be considered on September 30.
The case gains significance amid growing concerns in Kerala about the safety of the Mullaperiyar dam in the backdrop of the Wayanad landslides.
In the original suit, Tamil Nadu had questioned the Kerala Forest Department’s decision to construct a mega car parking facility at Thekkady, alleging that the area came under the catchment area of Mullaperiyar dam.
Though the dam is located in Kerala, Tamil Nadu has the right to operate it under the 999-year agreement signed in 1886, which was renewed in 1970.
The bench comprising Justice Abhay S Oka and Justice Augustine George Masih decided to consider Kerala’s arguments in detail, including whether the 1886 lease agreement remains valid in the changed circumstances. Kerala’s argument is that the Maharaja of Travancore had denounced the agreement before deciding to join the Indian Dominion and the agreement is null and void as it was non existent when the Constitution of India was accepted.
Top court to consider whether Centre is true successor to deed
The court will consider whether Kerala’s argument about the validity of the Lease Deed of 1886 is not barred by the principles of res judicata, which means an issue that has been judicially decided on its merits cannot be litigated again between the same parties. The court will consider whether the Government of India is the true successor to the Lease Deed instead of Tamil Nadu.
The court will decide whether Section 108 of the State Reorganisation Act will attract and give protection to the Lease Deed of 1886. The bench will also consider whether Kerala was interfering with the right to peaceful and exclusive possession under the Lease Deed of 1886 and the Supplementary Agreement of 1970.