State Has Taken Substantial Steps On Issue Of Desiltation Of Dams, Reservoirs To Restore Storage Capacity For Flood Mitigation: Kerala HC Closes PIL

The Kerala High Court recently observed that the State Government has implemented various measures like formulating a Standard Operating Procedure (SOP) and establishing Technical and Empowered Committees to facilitate desiltation of dams and reservoirs in the State for restoring storage capacity and flood mitigation.Desiltation is the removal of silt and sediments from dams and reservoirs to improve their natural water storage capacity. The Court was hearing a 2021 public interest litigation requesting a sedimentation study report of the dams, reservoirs, and rivers for flood mitigation in the State.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu noted that the government in 2017 has sanctioned a Standard Operating Procedure (SOP) for the desiltation of reservoirs to restore their storage capacity, which was subjected to subsequent modifications also. Court said, “it can be seen that the State Government has undertaken substantial measures concerning the issue of desiltation. Various committees have been constituted, a SOP has been put in place, and concrete steps are being taken to address the matter.”The Court further stated that desiltation issues which may arise in the future fall within the domains of Technical and Empowered committes which were also constituted back in 2017. Court observed, “The role of the Technical Committee is to vet and accept the estimated quantity of components in the deposited sediments as well as the estimated cost of each component material/estimated cost for extraction, processing, separation, packing, etc. of each component material. The role of the Empowered Committee is to scrutinize the Detailed Project Report (DPR) in consultation with the Chief Technical Examiner, to decide and approve the bidding method to be adopted for a particular project in consultation with the Chief Technical Examiner, fixation of instalment amount to be paid to the Government, approval of variation in the estimated quality of total sediments and realised total quantity in consultation with the Chief Technical Examiner, and monitoring the progress of work and redressal of disputes, if any, arising during execution of work.”The writ petition was filed following the devastating 2018 floods that severely impacted the State, as well as the subsequent monsoon seasons of 2019 and 2020. It was submitted that desiltation of dams and rivers increases the likelihood of floods. The Government Pleader submitted that the government has undertaken various measures and continues to take steps for flood prevention. It was submitted that the government in 2017 sanctioned Standard Operating Procedures (SOP) for the desiltation of reservoirs, and further modifications were also approved. The Court was apprised that large quantity of debris, silt, and sand accumulated near irrigation structures in rivers due to the floods. It was submitted that sanction was granted for desilting six structures. Further, it was submitted that sand and other obstructions were removed annually from Thottappally spillway to mitigate flooding in Alappuzha district, which was severely affected by the 2018 floods.The Government Pleader also submitted that Kerala Engineering Research Institute (KERI) under the Water Resources Department was conducts sedimentation study of water bodies. It was submitted that the sedimentation study of KERI after the 2018 floods have given crucial data for desiltation and flood mitigation efforts.The Kerala State Electricity Board Ltd. (KSEBL) submitted before Court that out of 59 dams and 45 reservoirs, only 18 structures have significant storage capacity. It was pointed out that as per a study conducted by Central Water Commission since most storage is reserved for essential needs, the capacity to accommodate floodwater is limited which creates challenges during severe floods, like in 2018. The Court noted that government has approved the SOP and has also sanctioned desiltation projects for Mangalam and Chulliyar dams in Palakkad district as pilot projects. It further noted that since dams are located in ecologically sensitive areas and densely populated regions, Environmental Management Plan must be prepared before initiating desiltation process. The Court noted that siltation process and removal of silt are an ongoing process and that the government has taken adequate measures for addressing desiltation. Further, the Court granted liberty to the Petitioner to submit his research papers and suggestions before the Secretary of Kerala Water Resources Department. Accordingly, the writ petition was closed. Counsel for Petitioner: Advocates P. C. Chacko (Parathanam), Asha P. KuriakoseCounsel for Respondents: Advocates S. Biju, Ajit Joy, Senior Government Pleader K. P. HarishCase Title: Prasad S. v Union of IndiaCase No: WP(C) NO. 27578 OF 2021Citation: 2025 LiveLaw (Ker) 141Click here to Read/Download Order

State Has Taken Substantial Steps On Issue Of Desiltation Of Dams, Reservoirs To Restore Storage Capacity For Flood Mitigation: Kerala HC Closes PIL

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