Mullaperiyar Dam Case In Supreme Court | Kerala's Mega Cark Park Not Located In Leased Area, Says Survey Of India Report; Tamil Nadu Objects

In view of State of Tamil Nadu's objections to the Survey of India report filed in relation to construction of a mega car park project by Kerala in the Mullaperiyar catchment area, the Supreme Court today posted the state's original suit against Kerala for framing of legal issues on July 10.

A Bench of Justices Abhay S Oka and Ujjal Bhuyan passed the order, after recording Tamil Nadu's objections to the report, which states that the mega car park project is not located within the leased area.

It may be recalled that in November, 2023, on agreement by both parties, the court had directed a survey by the Survey of India to determine the extent of the property covered by the Lease Agreement. The crucial question sought to be answered by way of the survey was whether the mega car park by Kerala encroached upon any part of the property covered by the Lease Agreement.

The report came to be filed in a sealed cover on March 5, 2024, and was directed to be supplied to the parties. Upon perusing the same, the State of Tamil Nadu has now raised objections to the finding that the Mega Car Park is not situated in the leased area, causing the court to list the matter for framing legal issues.

In its affidavit rejecting the report, the Tamil Nadu government gives inter-alia the following reasons for seeking rejection of the report:

(a) The boundaries of the water spread area Survey No. 68/1, as shown in the Periyar – Kumili Village Map prepared by the Survey Department, Trivandrum in the year 1924, have not been considered at all.

(b) The Survey Team did not ascertain the original ground level at the Mega Car Park site.

(c) The Quality Assurance/Quality Control work was done by the Survey Team independently and not disclosed to Tamil Nadu, and

(d) The requests of Tamil Nadu to demarcate the boundary where there are other encroachments in the water spread area were not complied.

Background

The Mullaperiyar dam was constructed between 1887 and 1895 to divert water of the west-flowing Periyar river to arid regions of the east (including areas of the Madras Presidency).

On October 29, 1886, a lease indenture for 999 years (called the Periyar Lake Lease Agreement) was signed between the Maharaja of Travancore (then princely state and reorganized after independence as Kerala) and Secretary of State for British India, for Periyar irrigation works.

After the independence of India, this agreement was renewed by the states of Tamil Nadu and Kerala in 1970, giving Tamil Nadu rights over the land and water related to the dam, as well as authority to develop hydropower projects at the site, while Kerala received rent.

As a consequence of the agreements, Tamil Nadu has been operating the Mullaperiyar dam which is situated on Periyar river in Kerala.

In 2014, the present suit was filed by Tamil Nadu aggrieved by the construction of a mega car park by Kerala in the Mullaperiyar catchment area. Through the suit, Tamil Nadu sought to permanently restrain Kerala from encroaching upon the area leased to the former.

In November, 2023, the conflict between the states escalated as National Green Tribunal (Chennai) permitted Kerala to proceed with various projects in the Periyar Tiger Reserve, including the mega car park project.

Counsels for Tamil Nadu: Sr AAG Thiru Krishnamurthy; Sr Advocates P Wilson and G Umapathy; AoR D Kumanan

Counsels for Kerala: AoR G. Prakash; Advocates Jishnu M L, Priyanka Prakash, Beena Prakash, Anoop R 

Case Title: State of Tamil Nadu v. The State of Kerala, Original Suit No.4/2014