Mullaperiyar dam case: T.N. rejects Survey of India report on mega parking project, SC fixes July 10 to finalise legal issues

The Supreme Court on Monday fixed July 10 for finalising the legal issues to be heard and decided by it in an original suit filed by Tamil Nadu against neighbouring Kerala over the construction of a mega parking project near the Mullaperiyar dam.

The Supreme Court on Monday fixed July 10 for finalising the legal issues to be heard and decided by it in an original suit filed by Tamil Nadu against neighbouring Kerala over the construction of a mega parking project near the Mullaperiyar dam.

A Bench headed by Justice A.S. Oka recorded Tamil Nadu’s objection to the findings of the Survey of India report on the parking project.

“The survey report filed by the Survey of India to the effect that the construction of mega car park is outside the leased area is factually incorrect,” an affidavit filed by Tamil Nadu, represented by senior advocates V. Krishnamurthy, P. Wilson, G. Umapathy, and advocate D. Kumanan, said.

In November last year, the Supreme Court had directed the Survey of India to examine and file a report before it on whether a mega car parking project envisaged by Kerala near the Mullaperiyar dam area entered the property covered by the Periyar Lake Lease Agreement of October 1886. The October 29, 1886 lease indenture was for a period of 999 years and signed between the Maharaja of Travancore and the Secretary of State for India for the Periyar Irrigation works.

A Bench had asked the Survey of India to first demarcate and survey the area covered by the lease deed, and then ascertain if the construction of the car park entered into any part of the lease deed area.

The Tamil Nadu affidavit said the Survey of India Team ought to have approached suitable agency like Central Soil and Materials Research Station for the purpose of ascertaining the original ground level, instead of arriving at a conclusion based on presumption and surmises.

“The conclusion drawn by the survey team that the entire mega car park construction is outside the leased area is incorrect, unscientific and hence denied… By encroaching the water spread area and filling it with materials like red soil, gravel, concrete, paver block, etc, and by constructing structures, the spill zone capacity of the reservoir is affected. The maximum water level of the reservoir is 155 ft. Filling up the water spread area to bring the level above 155 ft will affect the flood regulation to the extent of filling,” the affidavit said.