Mullaperiyar Dam : Supreme Court Directs States Of Kerala & Tamil Nadu To Implement Supervisory Committee Recommendations

The Supreme Court today directed the States of Kerala and Tamil Nadu to act upon recommendations made by the Supervisory Committee in relation to the Mullaperiyar Dam.

A bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh passed the order, stating,

"Some urgent issues with regard to maintenance of the Mullaperiyar Dam were identified in order dated...Thereafter, Supervisory Committee...was directed to convene a meeting by associating representative of the states and find out a solution...Ld. ASG has handed over minutes of the meeting of the Committee. The report acknowledges the issues which are required to be addressed urgently and the decision taken in consultation with representatives of the state govts. No follow up steps have been taken...We see no justification for inaction on part of the state authorities. Keeping in view mandate given by this Court to the Committee, we direct states of Tamil Nadu and Kerala to act upon the recommendations made by the Supervisory Committee. However, in case the states find any impediment in giving effect, liberty is granted to raise such issue before us on the next date."

The Court directed that the follow-up action be taken within 2 weeks and also called for a compliance report from both states with respect to agenda items considered by the Committee apart from the 6 issues pointed in an earlier order.

During the hearing, Senior Advocate Shekhar Naphade (for Tamil Nadu) submitted that there is urgency in the matter as the state has been trying to get the 2014 judgment executed for the past many years. He also pointed to an earlier observation by the Court that the Kerala government has adopted an attitude of obstruction. "This has to end somewhere. We need some mechanism to implement your lordships' decree", the senior counsel urged.

When the bench observed in the context of one of the issues arising between the states (related to permission for felling of trees) that the requisite application has to be made by Tamil Nadu to Ministry of Environment, Forest and Climate Change, the senior counsel mentioned that an application was made to Kerala and permission granted, but the same was arbitrarily revoked by Kerala a week later. Regardless, he submitted that Tamil Nadu would do its part and apply for permission to MoEF.

On behalf of the Union, Additional Solicitor General Aishwarya Bhati informed that a meeting was convened by the Supervisory Committee pursuant to the Court's previous order. Handing over the minutes of the said meeting, she highlighted the specific issues pending between the states. 

Appearing on behalf of Kerala, Senior Advocate Jaideep Gupta sought one week's time to respond to the minutes of the meeting. However, the bench categorically said that there was nothing to respond to since representatives of the state were present during the meeting. Not permitting the state to file any response taking objection, the Court said that if there is any impediment in implementing the recommendations, either state can flag the issue on the next date.

Advocate Mathews J Nedumpara (who has filed one of the petitions) also appeared and contended that there is a real risk of dam breach and millions of people will die if an "erroneous judgment" is taken as true. He prayed for a meeting of the Chief Ministers of the two States and the Prime Minister to resolve the issues.

For a detailed background of the matter, click here.

Appearance: Senior Advocates Jaideep Gupta, Mohan Katarki and Shekhar Naphade; ASG Aishwarya Bhati; Advocate Mathews J Nedumpara

Case Title: STATE OF TAMIL NADU Versus STATE OF KERALA . AND ANR., ORGNL.SUIT No. 3/2006 (and connected cases)

Click Here To Read/Download Order