NEW DELHI: The Supreme Court today rejected the plea by Tamil Nadu government seeking a stay on the go-ahead given by the Centre to Kerala for conducting survey and an investigation in Periyar Tiger Reserve area to build a new dam in place of existing Mullaperiyar dam.
"At this stage, no order is called for," a Bench comprising Justices D K Jain, M K Sharma and R M Lodha said while declining the plea by senior advocate K Parasaran for Tamil Nadu government.
The Bench said the apprehension of Tamil Nadu government on the issue was "misplaced" and it is "premature" for it to pass any order.
It said that at present the survey has not been done and it will take years for the purpose.
However, Tamil Nadu government said it has some apprehension as one minister of Kerala has reportedly made a statement that the survey was conducted to set up a new dam.
Allaying such apprehension, the Bench said "do they have a readymade dam with which they will replace"?
"You know why the statements are made. You don't go by statement. We can only say it is irresponsible and unfortunate," the Bench said.
It said Tamil Nadu can always approach the court at a later stage after the examining the proposal, if any is put forward.
Kerala has conceived the construction of a new dam towards the western side of the existing dam on Periyar river.
The standing committee of the National Board for Wildlife had on October 6 given the green signal for surveying the area witout affecting any other legal and administrative clearances required.
A lawsuit on the issue of Mullaperiyar dam is already pending in the apex court.
Kerala had filed its written statement stating that the chief minister had made a proposal for the construction of the dam and during the period when the new dam is being constructed, the flow of water would be maintained upto its current level.
Tamil Nadu government has also questioned the legislation passed by Kerala restricting the raising of the water level beyond 136 feet saying it will adversely affect its interest.