KOCHI: Tamil Nadu has opposed Kerala’s demand before the Supreme Court for a comprehensive dam safety review at Mullaperiyar with a neutral panel of experts, including international experts. In its response to Kerala’s additional affidavit filed on December 8, Tamil Nadu’s counsel, D Kumanan, said the demand is wholly misconceived and deserves to be rejected at the threshold. The response was filed on January 8.
Tamil Nadu argued that Kerala has failed to comply with various directions contained in the judgments of 2006 and 2014 with regard to the completion of dam strengthening works and hence the request should not be entertained. Kerala continues with its obstructionist attitude regarding dam-strengthening works.
Section 38 of the Dam Safety Act, 2021 contemplates that the owner of the dam should conduct dam safety evaluation within five years from the enactment of the act which is December 30, 2021. So the review has to be completed only on December 12, 2026.
The court may direct Kerala to issue all necessary permissions to carry out dam strengthening works in a time-bound manner preferably before the ensuing monsoon season that commences in June 2024. The reply said Tamil Nadu being the owner of the dam is required to undertake the evaluation as per guidelines of the safety inspection provided by the Central Water Commission and not by international experts. It said the supervisory committee constituted as per the directions of the court has consistently found that the dam is safe and the alleged panic in the minds of the people of Kerala is only to mislead the court and is wholly misplaced.
“The repeated assertion that the failure of the dam will have a cascading effect on the Idukki dam is a figment of imagination. The dam which is retro-fitted, is hydrologically, structurally and seismically safe and repeated assertions for safety evaluation are totally untenable. ,” said Tamil Nadu.