DMK moves Madras High Court challenging Dam Safety Act

Counsel contends the provisions of the Act would denude the States of their control over dams.
Madras High Court.
Madras High Court.

CHENNAI: The DMK has moved the Madras High Court with a petition challenging the recently legislated Dam Safety Act, 2021, saying the provisions of the Act would completely denude the powers of the States over their control of dams located inside and outside the territory.

S Ramalingam, the party MP representing Mayiladuthurai in the Lok Sabha, has moved the petition before the High Court.

On Tuesday, senior counsel and Rajya Sabha MP P Wilson made a mention of the urgent petition before the first bench of Acting Chief Justice (ACJ) Munishwar Nath Bhandari and Justice PD Audikesavalu and sought an early hearing.

He said the writ petition is challenging the vires of the Dam Safety Act 2021 on various grounds including the legislative competence of the Parliament to legislate the Act whereas the subject is in the State’s domain.

“The Act has effect of taking control over all major dams in the state and the Union is taking steps to constitute National Committee on dam safety and National Dam Safety Authority,” he said.

Wilson added, “The states will completely be denuded with the control over dams located inside and outside their territory under the Act.”

Following the request, the bench permitted to move the petition on Jan. 10.

The Dam Safety Act, 2021, enacted last month, met with stiff resistance from the opposition parties in the Rajya Sabha. They objected to various provisions including the setting up of the National Committee on dam safety which will have only seven representatives from the States.

Tamil Nadu Chief Minister and DMK president MK Stalin had opposed the Act saying it is aimed at usurping the powers of the States and an attack on the federal principles.

Other political leaders in Tamil Nadu too have opposed the Act saying the rights of the State, which has desperately been depending upon the neighbouring States for its due share of water in inter-state rivers including Cauvery and Palar, would be deprived of.

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