SURAKSHA of Mullaperiyar Dam: A thought that strikes when the apex court is again seized of this subject.
Mullaperiyar Dam was constructed 125 years ago and the same is located at a height of 850 meters above the sea level in Idukki District of State of Kerala.
The dam was built pursuant to an agreement dated 29th October, 1886 entered into between the Maharaja of Travancore and the Secretary of State for India in Council whereunder about 8000 acres of land was leased for execution and preservation of irrigation works called ‘Periyar Project’. In pursuance of the said agreement, a water reservoir was constructed across Periyar river during 1887-1895. It is known as Mullaperiyar Dam consisting of main dam, baby dam and other ancillary works.
The above Lease Agreement dated 29-10-1886, was subsequently amended on 29-10-1970 by the representatives of Governments of Kerala and Tamil Nadu. As per the amendment, Tamil Nadu got the right to use water from the reservoir to produce electricity and Kerala was conferred with the right to fishing in the leased lands (reservoir water). Dispute resolution method as per the original agreement was through arbitration of two arbitrators; and in the event of disagreement between the two arbitrators an umpire would be appointed whose decision shall be final and binding on the parties. The 1970 amendment retained arbitration as the forum for dispute resolution but the number of arbitrator/s was changed to one whose decision shall be final and binding on the parties.
The Maximum Water Level as per the design of the dam is 155 ft. In the past, reservoir was filled up to full level of 152 ft as per the agreement. In 1979, following reports of leakage in the gallery of the dam which affected its security, Government of Kerala addressed Government of Tamil Nadu to take immediate steps to strengthen the dam. Simultaneously, Government of Kerala requested Central Government to send a team from Central Water Commission (CWC) to inspect the dam and to suggest strengthening measures. As a result, a team headed by the Chairman of CWC inspected the dam and held meetings with the representatives of both governments. Certain strengthening measures viz. emergency, medium and long-term measures were suggested to strengthen the dam. In the meantime it was decided to keep the water level in the reservoir at 136 feet instead of the maximum capacity of 152 feet.
It is a logical conclusion that any man made structure will have a life time. 125 year old Mullaperiyar Dam continues to exist on the strength of the Judgments of Hon. Supreme Court issued in the cases of Mullaperiyar Environmental Protection Forum Vs Union of India & Others pronounced on 27-02-2006 and Civil Original Jurisdiction O.S.No.3 of 2006 (State of Tamil Nadu Vs State of Kerala) pronounced on 7th May 2014 related to the subject matter of safety of Mullaperiyar Dam. Supreme Court relied on the presumptions and opinions provided by the technical experts to conclude that the dam is safe, as can be seen in the above judgments.
In the 2014 judgment, the Hon. Supreme Court constituted a Supervisory Committee “to allay the apprehensions of Kerala” on the safety of the dam with a specific mandate to make frequent inspections in accordance with the guidelines of the Central Water Commission and Dam Safety Organization and to issue necessary directions which shall be obeyed by all concerned.
SURAKSHA, a Public Charitable Trust recently sought information from the chairman of the above Supervisory Committee on the status of the works ordered to be completed by the Hon. Supreme Court, in its 2014 judgment, within a specific time frame. The reply to the questions asked by SURAKSHA, under the Right to Information Act, elicited a shocking reply from the chairman of the Committee to the effect that none of these works have been carried out till this date.
Mullaperiyar Dam constructed 125 years ago is located at a height of 850 meters above the sea level in Idukki District of State of Kerala. The height of the tallest building in the world Burj Khalifa is only 750m from the ground.
Kerala is called Gods own Country and perhaps it is God’s own hands that prevent an unimaginable mishap happening on His own country and its people.
Adv. Sonu Augustine
Chairman
SURAKSHA Public Charitable Trut