Breaking; Supreme Court delivers Mullaperiyar Judgment; Kerala Act is Unconstitutional; Water Level can be raised [Read the Judgment]

The Constitution Bench of the Supreme Court, comprising Chief Justice R M Lodha, Justice H L Dattu, Justice Chandramauli K R Prasad, Justice Madan B Lokur and Justice M Y Iqbal has delivered today, the much awaited Mullaperiyar case. The judgment was reserved in last August 2013, after a prolonged hearing.By delivering the judgment, CJI held that the Kerala Irrigation and Water Conservation (Amendment) Act 2006 which was brought in response to the Court cannot sustain under the Indian Constitutional Scheme of things and we should maintain the doctrine of separation powers. The legislature should not be allowed to overreach the Court orders, and on that note the Act was declared unconstitutional. As a solace to Kerala, the Supreme Court has directed formation of a committee which would look into the periodical safety and other aspects. In a way Kerala has lost completely in the protracted legal battle with its neighbour Tamil Nadu. It is also observed that the Dam is safe and the height of water level can be raised.The important findings of the Bench is as follows;(i) The suit filed by the State of Tamil Nadu is maintainable under Article 131 of the Constitution.(ii) The suit based on a legal right claimed under the lease deed executed between the Government of the Maharaja of Travancore and the Secretary of State for India in Council on 29.10.1886 is not barred by the proviso to Article 131 of the Constitution.(iii) The State of Kerala (first defendant) is estopped from raising the plea that the lease deed dated 29.10.1886 has lapsed, in view of the supplemental agreements dated 28.05.1970.(iv) The lease deed executed between the Government of the Maharaja of Travancore and Secretary of State for India in Council on 29.10.1886 is valid and binding on the first defendant and it is enforceable by plaintiff against the first defendant.(V) Kerala Irrigation and Water Conservation (Amendment) Act, 2006 is unconstitutional and ultra vires in its application to and effect on the Mullaperiyar dam.(VI) The rights of Tamil Nadu, crystallized in the judgment dated 27.2.2006 passed by this Court in W.P. (C) No.386/2001 cannot be nullified by a legislation made by the Kerala State legislature.(VII) The earlier judgment of this Court given on 27.2.2006 operates as res judicata on the issue of the safety of Mullaperiyar dam for raising water level to 142 ft. and ultimately to 152 ft. after completion of further strengthening measures on the Mullaperiyar dam.(VIII) The plea raised by Kerala relating to the lease deed dated 29.10.1886 and structural safety of Mullaperiyar dam have been finally decided by the judgment of this Court dated 27.2.2006 and Kerala is estopped from raising or re-agitating these issues in the present suit.(IX) Kerala cannot obstruct Tamil Nadu from increasing the water level of Mullaperiyar dam to 142 ft. and from carrying out repair works as per judgment dated 27.2.2006.(X) Kerala cannot be permitted to contend that river Periyar is an intra-State river(XI) to allay the apprehensions of Kerala- though none exists - about the safety of the Mullaperiyar dam on restoration of the FRL to 142 ft., a 3-Member Supervisory Committee is constituted. The Committee shall have one representative from the Central Water Commission and one representative each from the two States – Tamil Nadu and Kerala. The representative of the Central Water Commission shall be the Chairman of the Committee. The Committee will select the place for its office, which shall be provided by Kerala. Tamil Nadu shall bear the entire expenditure of the Committee.The powers and functions of the Supervisory Committee shall be as follows:(i) The Committee shall supervise the restoration of FRL in the Mullaperiyar dam to the elevation of 142 ft.(ii) The Committee shall inspect the dam periodically, more particularly, immediately before the monsoon and during the monsoon and keep close watch on its safety and recommend measures which are necessary. Such measures shall be carried out by Tamil Nadu.(iii) The Committee shall be free to take appropriate steps and issue necessary directions to the two States - Tamil Nadu and Kerala – or any of them if so required for the safety of the Mullaperiyar dam in an emergent situation. Such directions shall be obeyed by all concerned.(IV) The Committee shall permit Tamil Nadu to carry out further precautionary measures that may become necessary upon its periodic inspection of the dam in accordance with the guidelines of the Central Water Commission and Dam Safety Organisation.The Mullaperiyar issue is with the Supreme Court for a long period. Initially the matter reached Supreme Court by way of Writ Petition (Mullaperiyar Environmental Protection Forum Vs. Union of India & Ors which was decided by a three judge Bench comprising of then Chief Justice Y.K. Sabharwal, Justices C.K.Thakker and P.K. Balasubramanyan. The...

Breaking; Supreme Court delivers Mullaperiyar Judgment; Kerala Act is Unconstitutional; Water Level can be raised [Read the Judgment]

LIVELAW NEWS NETWORK

Tags