NEW DELHI: Seeking suggestions from Kerala and Tamil Nadu on empowering the Mullaperiyar supervisory committee, the Supreme Court on Thursday observed that the panel can "debate, discuss and resolve" Kerala's demand for a new dam.
"If the Supervisory committee feels that the stability issue can be addressed better by having one more dam, then the committee can make the decision which will be biding on both the states," the court observed.
The bench headed by Justice A M Khanwilkar suggested that issues regarding structural safety of the 126-year-old dam can be left to be dealt with by the supervisory committee. A 'holistic approach' should be adopted and a comprehensive measure should be put in place to strengthen the system.
"Now, the experience shows that there is still difference of opinion, there is still miscommunication between the parties and there is apprehension about the safety issue everywhere. So, why not have this supervisory committee itself doing the work of what you are expected to do," said the bench, also comprising Justices A S Oka and C T Ravikumar.
Orally asking the advocates of both states to discuss and prepare the minutes of order to give more powers to the supervisory committee, the court observed that the committee can be empowered to pass directions to either state to carry out the necessary works. If the states fail to comply with the directions, the committee can execute the works on its won using the funds at its disposal. The court also observed that the the committee can make the chief secretaries of both states accountable for implementation of its directions. If the states fail to implement the directions contempt of court proceedings can be initiated against the chief secretaries.
The court also clarified that increasing the water level in the dam beyond 142 feet is out of question till the 2014 judgement of the five-member bench is reversed. The hearing will continue on Tuesday.
Refusing to entertain arguments that the supervisory committee is baised, the court directed to trust the committee and avoid attributing motives. “Whether it is safe or unsafe it is for the experts to define that. Even, the court cannot take over that work,” observed Justice Khanwilkar.
The hearing will continue on Tuesday. "Today's observations indicate that the court is favourable to Kerala's demand for reconstituting the Supervisory Committee. If Tamil Nadu accepts the suggestion, there will be two technical experts in the committee and both states will have two representatives. The committee will be monitoring the instrumentation and gate operation which will help Kerala to have a say in the operation of the dam," said Kerala's standing counsel in Supreme Court G Prakash.