Mullaperiyar Dam: Kerala Gives NOC For Tree-Felling By TN; Supreme Court Asks Union To Verify & Grant Environmental Clearance

In the Mullaperiyar dam safety dispute pending between the States of Tamil Nadu and Kerala, the Supreme Court was informed today that the Kerala government has granted its no-objection for tree-felling by the Tamil Nadu government. Therefore, the Court asked the Union of India to verify and grant the requisite environmental clearance to the state within 4 weeks.

A bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh passed the order after hearing Senior Advocate Shekhar Naphade (for Tamil Nadu), Senior Advocate Jaideep Gupta (for Kerala) and Additional Solicitor General Aishwarya Bhati.

"it is pointed out that the environmental clearance from the Union is still awaited...Mr Gupta informs that the state government has already accorded necessary permission. In view of this, Union of India may verify, and after ascertaining that the necessary permission had been given by the state, let the requisite steps for granting environmental clearance be taken. We hope that the needful shall be done within 4 weeks", the bench ordered.

Based on the report of the Supervisory Committee, the Court also said that the State of Tamil Nadu shall conduct the proposed study and thereafter, the State of Kerala shall accord permission for grouting work. Insofar as the third issue (related to repair work), the Court agreed with Kerala's submission that it would be appropriate if the work commences after monsoon session is over. "Let the construction be carried out in September-October before commencement of the next monsoon session", the Court said.

Earlier, with regard to the tree-felling issue, the bench was informed that the requisite application was required to be made by Tamil Nadu to Ministry of Environment, Forest and Climate Change. The State mentioned that an application was made to Kerala and permission granted, but the same was arbitrarily revoked by Kerala a week later. Regardless, it was submitted that Tamil Nadu would do its part and apply for permission to MoEF.

Today, Naphade, on behalf of Tamil Nadu, submitted that insofar as felling of trees was concerned, no steps had been taken by MoEF towards environmental clearance. Gupta, on his part, informed that the Chairman of the new Supervisory Committee has already given directions for taking steps with regard to repair work and sought an extension of the 4 weeks' time given by the Court.

In May, the Court had asked the States to act upon recommendations made by the Supervisory Committee in relation to the dam. They informed today that positive steps are being taken to do the needful.

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)