Dam Safety Act Does Not Alter Existing Ownership & Water Rights Of States: Centre Tells Madras High Court

In the plea challenging vires of the Dam Safety Act, the Central Government has filed a counter-affidavit before the Madras High Court, claiming that the 2021 legislation does not seek to alter the existing ownership and water rights of the states. The law is merely intended to create a mechanism for proper surveillance, inspection, operation and maintenance of Dams."The Dam Safety Act, 2021 does not alter any existing arrangements with regard to dam ownership, operation and maintenance (O&M), project benefits and water rights of Tamil Nadu. Hence stated apprehensions are unfounded," the reply filed by the Deputy Commissioner in the Department of Water Resources states.The writ petition was filed by DMK MP S. Ramalingam from Mayiladuthurai, stating that the Parliament lacks the legislative competence to enact the impugned legislation since States have the authority to make laws on "Water, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I".Defending the Act, the Central government has claimed that most of the Dams in the country are across interstate rivers and states can't legislate beyond their territories. Thus, it is imperative for the Central government to exercise its prerogative in the national interest and legislate on the subject of dam. The affidavit mentions that the Bill was drafted by exercising the power conferred under Article 246 read with Entry 56 and Entry 97 of List I of the Constitution's Seventh Schedule. Since 'Dam Safety' has not been mentioned in Lists II and III, Entry 97 of List I grants the Parliament power to legislate on any other matter including 'Dam Safety' not enumerated in Lists II and III, asserted the Commissioner.It was also submitted that Entry 17 of List II does not place an embargo on the Parliament to legislate on 'Dam Safety'. The Centre submitted that Entry 17 is subject to the provisions of Entry 56 in List I which states that parliament can legislate on issues of regulation and development of inter-state rivers and valleys in the public interest. Accordingly, it is contended that the Union has not intruded into the domain of the state as alleged by the petitioner. Therefore, the Central government submitted that Parliament has the power to legislate on the issue and Dam Safety Act is not hit by the vice of 'colourable legislation'.It is further submitted that 227 dams out of the 5,334 large dams in India are more than a century old. The Act caters to the Pan-India interest of Dam Safety since unsafe dams, possible failure and sudden release of water are a threat to humans, flora and fauna, ecology as well as public and private assets.The Joint Commissioner submitted that the erstwhile Central Dam Safety Organisation and National Committee on Dam Safety (NCDS) mere had an advisory role without any role of enforcement and that they merely provided technical assistance to improve dam safety. On the other hand, the National Dam Safety Authority under the Act will be a regulatory body to implement the guidelines evolved by the National Committee. NCDS will also act as the 'State Dam Safety Authority' for dams of one state falling in the territory of another.State Dam Safety Organisations are responsible for surveillance, routine inspections, operation and maintenance of all specified dams falling under their jurisdiction and giving directions for comprehensive dam safety evaluation. With regards to the compensation for people affected by Dam failures, the Government also informed the High Court that these issues were usually covered by various Central and State Government Enactments. However, the new legislation intends to streamline the damage related compensation through Insurance Coverage that will be explored by the National Committee on Dam Safety [Clause 4 of First Schedule].The Act also stipulates for representatives of seven states as members of NCDS by rotation. Even if some states are unrepresented in NCDS at a given time, NCDS has the discretion to call the representative of the owner of any specified dams, especially when it's common knowledge that most of the dams are owned by states.It was also submitted that Central Government will give directions to NCDS under Section 8(4) of the Act only when it is necessary for the interest of comprehensive implementation of the Act and its provisions. Further, the Joint Commissioner submitted that there is no bar under the Act to convene more than two meetings of NCDS in a given year.National Dam Safety Authority (NDSA) should act as the 'State Dam Safety Organisation' with regards to a specified dam that is extended over two or more states or when a dam is owned by one state and situated in another. The compliance of the safety protocol that must be followed in such a situation will be supervised by the neutral body of NDSA and will help to generate mutual trust between concerned states, submitted the Commissioner.Offences...

Dam Safety Act Does Not Alter Existing Ownership & Water Rights Of States: Centre Tells Madras High Court

Sebin James

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