Supreme Court Issues Notice On NGO's Plea To Decommission 130-Year-Old Mullaperiyar Dam In Kerala, Construct New One

The Supreme Court today sought responses from the Union Government and the States of Kerala and Tamil Nadu in a writ petition seeking the decommissioning of the 130-year-old Mullaperiyar Dam in Kerala. 

The bench of CJI BR Gavai and Justice K Vinod Chandran issued notice on a writ petition filed by an NGO 'Save Kerala Brigade', which has sought directions for the creation of a new dam in place of the Mullaperiyar Dam in Kerala. The petitioner seeks a holistic evaluation of the dam by experts and the Court's directions for decommissioning its operation/reconstruction of it. 

Notably, the present dam at the place is 130 years old, situated on the Periyar River, Kerala, near Tamil Nadu border. The dam, although located in Kerala, is maintained and operated by the State of Tamil Nadu for irrigation purposes, based on a pre-independence lease executed between the erstwhile princely kingdom of Travancore and the former Madras Presidency during British rule.

Sr. Adv V. Giri, appearing for the petitioner, stressed the need for a new dam in the region, as the lives of around 10 million persons were at risk who lived downstream. 

CJI verbally opined that some directions could be issued to strengthen the dam.

"What exactly is the problem? If another dam is constructed, then probably Tamil Nadu will say the lease will go," Justice Chandran said. Giri said that the present dam is built with surki and that seismic activities have increased in the region.

"One of the oldest dams!" CJI noted. "130 years," Giri said.

 Why Does The NGO Seek A Decommissioning Of The Dam? 

The petition states that due to severe climate changes, excessive floods and its placement in a high-intensity seismic zone, the operation of the dam can cause a threat to life and the environment around it. 

The 1895-built Mullaperiyar Dam, constructed with lime-surki mortar and rubble masonry, sits on the Periyar River in a seismic zone of high intensity and long ago exceeded its design life. Recent studies and surveys by experts show the dam in a structurally dangerous state threatening catastrophic failure at any moment.

The Petition is brought in the face of material changes in conditions such as global warming- induced weather events, heightened seismicity, and weakening of dam materials, which were not addressed in earlier judicial processes.

The key reliefs sought by the petitioner are : 

a) A court-supervised, multidisciplinary expert inspection of Mullaperiyar Dam involving national and international experts.

b) Reduction of the reservoir level forthwith as an interim measure of safety.

c) Directions to prepare a detailed dam safety reassessment and decommissioning/reconstruction plan, if required.

 It may be noted that another bench led by Justice Surya Kant had recently sought the Union's stand on the constitution of Dam Safety Authority while hearing the dispute between Kerala and Tamil Nadu over the Mullaperiyar dam.

Case Details : SAVE KERALA BRIGADE vs. UNION OF INDIA W.P.(C) No. 000964 / 2025

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