Supreme Court sets up high level panel on Mullaperiyar row

A Constitution Bench of the Supreme Court on Wednesday decided to constitute a high-level empowered committee to examine the safety aspects of the Mullaperiyar dam in Kerala.

The five-judge Bench comprising Justices D K Jain, B Sudarshan Reddy, Mukundkam Sharma, R.M. Lodha and Deepak Verma said the five-member committee would be headed by a retired Supreme Court judge.

Tamil Nadu and Kerala have been authorised by the court to nominate one member each who could be a retired high court judge or a technical expert.

The Centre has also been authorised to nominate two renowned technical experts not connected with the dispute.

The apex court said it will pass appropriate orders on Thursday for formally constituting the committee which in turn would, within a time frame, submit its report to the Bench.

Both Tamil Nadu and Kerala are locked in a bitter tussle over more than the century old Mullaperiyar dam located in Idduki district.

Though located in Kerala, the dam caters to the irrigation and drinking water needs of Tamil Nadu.

Kerala, citing safety of the dam, wants to demolish the existing structure and construct a new one at an alternative location to which Tamil Nadu is opposed to.

In 2006, the Supreme Court by a judgement upheld Tamil Nadu’s right to maintain water level at the dam at 142 feet.

However, the neighbouring state brought in the Kerala Irrigation and Water Conservation (Amendment) Act 2006 which restricted the water level at 136 feet.

Aggrieved by the move, Tamil Nadu filed a petition challenging the impugned Act as a deliberate attempt to override the apex court’s judgement permitting it to sustain the water level up to 142 feet.

In view of the magnitude of the problem which involved the Constitutional validity of state government’s power to make an enactment with a perceived intention to override the judgement of the apex court, a Constitution Bench was set up to examine the matter.

The Bench after hearing arguments of the two states has now decided to constitute the empowered committee to review the safety aspects of the dam.