SC strengthens supervisory committee for safety of 126-year-old Mullaperiyar dam

The apex court also directed both states to cooperate with regard to the Supervisory Committee's directives about maintenance of the dam and its safety

The Supreme Court on Friday directed for strengthening supervisory committee formed in 2014 for the safety of the over 126-year-old Mullaperiyar dam until the National Dam Safety Authority as per the 2021 law is put in place to prevent disasters related to dam failures.

A bench of Justices A M Khanwilkar, Abhay S Oka and C T Ravikumar accepted a suggestion from Kerala and Tamil Nadu to allow the inclusion of two technical experts, one from both the states in the existing committee.

It also directed both states to cooperate with regard to the Supervisory Committee's directives about maintenance of the dam and its safety.

However, the bench said, "We express a sanguine hope that the competent authority may take appropriate steps to ensure that the regular NDSA under the 2021 Act is established at the earliest, as it cannot brook delay."

Also read: Mullaperiyar dam: Supervisory committee can deal with structural safety issue, suggests SC

The Dam Safety Act, 2021, which come into operation on December 14, 2021, mandated a constitution of a national committee required to discharge functions of surveillance, inspection, operation and maintenance of the dams such as Mullaperiyar Dam.

The court was informed of a temporary structure of NDSA has been created by the Central Water Commission (CWC) under the Jal Shakti Ministry on March 30 and a regular structure is likely to take some time.

Acting on a set of writ petitions, including by locals residing in the downstream areas of the dam in question, the bench said a reconstituted Supervisory Committee should also discharge all the functions of the NDSA as delineated under the 2021 Act and exercise all its (NDSA’s) powers for enforcement of the directions given by it from time to time.

The court also directed the government's concerned Ministry to extend all logistical assistance to the committee, to enable it to effectively discharge its functions and exercise powers in terms of this order.

"Needless to mention that the reconstituted Supervisory Committee will decide all outstanding matters related to Mullaperiyar Dam’s safety and conduct a safety review afresh," the court said.

The court also asked the committee to examine the request of Tamil Nadu for certain pending works. It put the matter for considering compliance-cum-status report on May 11.

Notably, the Kerala government had earlier told the court that no amount of rejuvenation by any means can perpetuate the 126-year-old Mullaperiyar Dam across the Periyar River and any failure could have a cascading effect on the Idukki Dam situated downstream and lives and properties of 50 lakh people.

The government asked the top court to reduce the maximum permissible water level in the reservoir, currently fixed at 142 feet. It also said as a long-term measure, a new dam should be built downstream and Mullaperiyar should be decommissioned.

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