NEW DELHI: The Supreme Court on Friday directed that until the regular National Dam Safety Authority (NDSA) becomes functional, the reconstituted and strengthened Supervisory Committee will be held accountable for all matters relating to safety of the Mullaperiyar dam and discharge the functions of NDSA specified in Section 9 of the Dam Safety Act, 2021. The Mullaperiyar dam has been the source of a long-standing dispute between Tamil Nadu and Kerala.
The court has further directed the concerned ministry of the government of India to extend all logistical assistance to the Supervisory Committee to enable it to effectively discharge its functions and exercise its powers in terms of this order.
“Needless to mention that the reconstituted Supervisory Committee will decide all outstanding matters related to the Mullaperiyar dam’s safety and conduct a safety review afresh…In case of any operational issues arising during the execution of directions given by the Supervisory Committee, the Chief Secretary of the concerned state shall be personally responsible to ensure that every direction given by the Supervisory Committee (including of setting apart necessary funds or providing logistical assistance) is taken to its logical end without any exception. In other words, the party-states must extend complete cooperation to ensure that the directions given by the Supervisory Committee from time to time for the purpose of maintenance of the Mullaperiyar dam and its safety are complied with in the prescribed time. Failure to do so will not only invite appropriate action for having violated the directions of this court, but all concerned would be liable to be proceeded with under the 2021 Act,” the order by a bench headed by Justice AM Khanwilkar reads.
The court has directed that two technical experts be made part of the existing Supervisory Committee, one each from Kerala and Tamil Nadu, who must be well-versed in dam management, reservoir operation, instrumentation, etc.
The party-states shall nominate their technical expert(s) not later than two weeks from the date of the order.
The court while considering the issue of pending works by Tamil Nadu said that it will be open for the state to invite attention of the reconstituted committee to those pending works. “We have no manner of doubt that the Supervisory Committee will examine that request appropriately and take such a decision, as may be necessary,” it said.
“As aforesaid, this is only an interim arrangement until the “regular NDSA” under the 2021 Act becomes fully functional.The matters be notified on 11.05.2022 for submitting compliance-cum-status report by the Supervisory Committee and for consideration of other reliefs,” the apex court said.
The Centre had suggested that the current Supervisory Committee may be allowed to carry out operations and given powers under the Dam Safety Act, 2021, till the NDSA becomes functional. The Centre had also said the NDSA will take one year to become functional. The top court, while hearing multiple pleas over the safety of the 126-year-old dam, had indicated that a temporary working structure be established.
On the last date of hearing, counsel for Kerala, senior advocate Jaideep Gupta, had requested the court to appoint a new chairman for the Supervisory Committee or entrust the function of heading the panel with the chairman of the Central Water Commission (CWC). Additional Solicitor General Aishwarya Bhati, appearing for the CWC, told the court that the CWC chairman would not be able to head the committee as he is already heading 21 panels and would not be able to dedicate time for it.
Kerala then requested the court to appoint some other senior member as chairman, but the bench said a new person would take time to understand the issue. "You want a new set-up? ... Please understand that the new committee will not have a comprehensive approach as there is no past experience, the present set-up is working well and disrupting it would not be right," the bench said.
Senior advocate Shekhar Naphade appearing for Tamil Nadu had said Kerala is not allowing TN to carry out work to strengthen the dam. "We should be permitted to carry out the activity. Strengthening of the dam would be the function of the supervisory committee. For instance, we cannot reach because of no proper road ... there has been obstruction by the state of Kerala. My apprehension (Tamil Nadu) is that the whole attempt is to drive us out of Kerala. Every year they raise the issue of safety and the issue of floods. They are trying to get a backdoor entry to create a new dam," Naphade said.
Senior advocate Jaideep Gupta appearing for Kerala had rebutted the argument and said, “I have a serious issue with this. Is this possible in independent India that Kerala is trying to drive out Tamil Nadu? Is it colonisation? What is he even submitting to my lords? We will have to also place the entire argument if he is arguing on this."