SC asks Centre about scope of Authority under Dam Safety Act 2021

The apex court was hearing several pleas over safety concerns about the 126-year-old dam which has been a longstanding dispute between the two states.
A view of Mullaperiyar dam (Photo | Express)
A view of Mullaperiyar dam (Photo | Express)

NEW DELHI: The Supreme court on Thursday asked the Central government to file details explaining the establishment and scope of authority of the National Dam Safety Authority under the Dam Safety Act, 2021.

This, after the counsel representing the Central water commission, informed about the Dam Safety Act, suggesting its helpfulness in solving the longstanding dispute between the states of Tamil Nadu and Kerala over the Mullaperiyar dam.

The court was informed that the Act provides for surveillance, inspection, operation and maintenance of the specified dam for prevention of dam failure related disasters and to provide for an institutional mechanism to ensure their safe functioning and for matters connected to it.

The apex court was hearing several pleas over safety concerns about the 126-year-old dam which has been a longstanding dispute between the two states. The Mullaperiyar dam was built in 1895 on the Periyar river in Kerala's Idukki district.

“Dam safety act 2021 under this scheme the authority has been notified. This might solve the issue. This mandate will take care of larger issues. The National Dam Safety Authority would be responsible for this dam. This act came into force on 30 December 2021. A temporary structure has been put in place. The composition will include the chairman, Central Water Commission—ex-officio Chairperson, - ex officio members, three specialists in dam safety and some other members. Section 8 and section 9 of the Act deal with the establishment and functions of the authority,” additional solicitor general Aishwarya Bhati said.

"It seems that an authority is there. We would need more details regarding the authority. File a note and let it come on record. We want the timeline and plan to be explained. Regulations will be framed by the authority and for that authority needs to be constituted first." A bench comprising Justice AM Khanwilkar, Justice Abhay S Oka and Justice CT Ravikumar said.

The matter would now be heard next week.

On March 24, the top court had suggested to the two states that issues regarding the structural safety of the 126-year-old Dam can be left to be dealt with by the supervisory committee which can be strengthened. The top court had observed that the issue raised by Kerala, which has said that the process for setting up a new dam in the downstream reaches of the existing dam should start, can be debated, discussed and resolved by the supervisory committee which can make its recommendation on this.

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