The Centre on Tuesday suggested to the Supreme Court to let the Mullaperiyar dam supervisory committee continue for a year, by which time the National Dam Safety Authority under the new Dam Safety Act will become fully functional.
“During the period of one year, when the National Dam Safety Authority becomes fully functional, the Supervisory Committee on Mullaperiyar Dam may continue its functioning as per the existing mandate in regulating the operations of the Mullaperiyar dam,” a note submitted by the Centre, represented by Additional Solicitor General Aishwarya Bhati, said.
The Centre suggested that the Chief Secretaries of Tamil Nadu and Kerala be made accountable in order to ensure that the decisions of the supervisory committee on the maintenance and safety of the dam are duly complied with by the two States.
“To address the technical concerns of both the States, the Chief Secretaries of the States may be requested to nominate technical experts as members to participate in the meetings conducted by the supervisory committee. This would ensure accountability of the decisions/ action taken,” the Centre further recommended.
Once the National Dam Safety Authority is fully functional, the functions of the supervisory committee would be taken over by the authority and the committee could be dissolved.
States given time till Thursday
A Bench led by Justice A.M. Khanwilkar gave Kerala and Tamil Nadu time till Thursday to study the proposal made by the Centre in the note and respond to it.
The Dam Safety Act of 2021 has come as a panacea to end the prolonged and bitter legal battle over Mullaperiyar dam between neighbouring Tamil Nadu and Kerala.
The 2021 Act comprehensively provides for surveillance, inspection, operation and maintenance to prevent disasters caused by dams.
Moreover, the central statute, which came into force in December last year, mandates the setting up of two specialised bodies, National Committee on Dam Safety and the National Dam Safety Authority, to evolve policies, recomend regulations for dam safety standards and resolve disputes between States.
Kerala and Tamil Nadu have been trading allegations 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.
