Mullaperiyar row: SC sees remedy in Dam Safety Act 2021

Kerala and Tamil Nadu have been trading charges against each other over safety, operation and maintenance of dam

The Supreme Court on Thursday found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.

A Bench led by Justice A.M. Khanwilkar said that the new law provided for almost everything, other than how to “settle political scores”, to resolve inter-State disputes over dams.

The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.

Moreover, the Central statute, which came in to force in December last, mandates the setting up of two specialised bodies, National Committee on Dam Safety and National Dam Safety Authority (NDSA) to evolve policies, recommend regulations for dam safety standards and resolve disputes between the States.

Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam. While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it. Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.

A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam. It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.

However, on Thursday, Additional Solicitor General Aishwarya Bhati, who is appearing for both the supervisory committee and the Central Water Commission, showed the court an alternative in the 2021 law and the NDSA.