Kerala Seeks Fresh Review Of Mullaperiyar Dam's Safety By Independent Panel Of Experts; Supreme Court Hearing Tomorrow

In the latest affidavit filed before the Supreme Court in the Mullaperiyar dam case, the State of Kerala has sought a fresh review of the safety of Mullaperiyar by Independent panel of experts.Following suggestions have been put forth by the state of Kerala:a. A fresh review of the safety of Mullaperiyar by Independent panel of experts comprising qualified Engineers and experts in the respective fields i.e. design, geology, hydrology, hydro- Mechanical dam safety, construction and supervision, instrumentation, seismicity should be conducted. CWC should consider including international experts alsob. Comprehensive Dam safety Review Procedures should be carried out in accordance with the Guidelines for Safety Inspection of Dams, January 2018c. The terms of reference of the study and details of the agencies for conducting the tests should be shared to the party States and approved by the Supervisory Committeed. All tests and investigations should be conducted to check The hydrological, systematic and structural safety of the dam. The committee should ensure that this exercise is carried out with the participation of the officers of Kerala.e. The test reports and their findings should be finalised by the supervisory committee and also shared with the state of Kerala. It should be ensured that the study is completed within a definite time-frame.The development has happened in a batch of writ petitions filed by Kerala-based petitioners seeking measures to safeguard the 126-year old dam. A Supreme Court ben led by Justice AM Khanwilkar will start final hearing in the matter tomorrow.Kerala's affidavit was in reply to the response filed by the State of Tamil Nadu on February 3 to the status report by the Central Water Commission on January 25.In January, the Central Water Commission has told the Supreme Court that a "fresh review of the safety of the Mullaperiyar dam is due and is required to be undertaken". The report further stated that the Supervisory Committee constitued by the Supreme Court has recorded in its meetings that the "overall condition of the dam and its appurtenant structure, based upon visual inspection, is satisfactory". It is pertinent to note that Kerala and Tamil Nadu have taken contrary stands regarding the safety of the dam. The Kerala Government has stated that the 126-year old gravity dam constructed using lime and surkhi is extremely vulnerable and its destruction can wreak widespread havoc downstream in Kerala. "Logical next step is construction of a new dam to ensure water to Tamil Nadu and security to people living downstream and to decommission the existing dam", Kerala's affidavit filed on October 28 had stated. In a subsequently filed affidavit, the Kerala Government stated that repeated rejuvenation cannot perpetuate the 126-year old dam, and disputed the rule curve adopted by Tamil Nadu to fix the appropriate water level in the reservoir during the heavy monsoon season.The state of Tamil Nadu has filed a reply affidavit in the Supreme Court opposing the assertions made by the state of Kerala for the decommissioning of the existing dam and for reconstructing a new dam in that place. Tamil Nadu has said that such repeated assertions by the Kerala Government and the writ petitioners (few individuals and organisations from Kerala) are "wholly impermissible" in view of the 2014 judgment of the Supreme Court on the safety of the dam. The Tamil Nadu Government asserts in its counter-affidavit that the dam has been found to be "hydrologically, structurally and seismically safe"."The repeated assertion of Kerala and Petitioners from Kerala in Writ Petitions filed from time to time inter-alia seek decommissioning of the existing dam and construction of a new dam, which is wholly impermissible in the light of judgment of this Hon'ble Court on the safety of the dam. The dam has been found to be hydrologically, structurally and seismically safe", the affidavit of Tamil Nadu read.In the latest affidavit, the State of Kerala sought the reconsideration of the Rule Curve formulated by Tamil Nadu, Comprehensive Instrumentation Plan including seismic instrumentation and other aspects mentioned in the Status Report. The State of Kerala sought the above changes on account of the erratic and heavy rainfall experienced by the State of Kerala during the last 4 years. It is submitted that the State of Tamil Nadu has not addressed the concerns of Kerala raised in the reply affidavit.It is submitted that the alleged delay in issuing necessary clearances to various works proposed by Tamil Nadu is in fact due to the delay from the part of Tamil Nadu in submitting the details in proper format or delay in submission of required details.It is submitted that the necessary clearances for cutting the trees and the repair work of the approach road from Valakkadavu- Mullaperiyar road has to be sought under the Wild Life (Protection) Act, Forest Conservation Act and Environmental (Protection) Act. "Being a Tiger...

Kerala Seeks Fresh Review Of Mullaperiyar Dam's Safety By Independent Panel Of Experts; Supreme Court Hearing Tomorrow

Mehal Jain

Tags