Mullaperiyar Dam Case : Supreme Court Asks Centre About Scope Of Authority Under Dam Safety Act 2021

In connection with the Mullaperiyar dam issue, the Supreme Court on Thursday asked the Centre to file a note by Tuesday, detailing a time-line and plan as regards making functional the National Dam Safety Authority and the other bodies, the structure envisaged by the Dam Safety Act, 2021, and for making operational the scheme and the framework under the Act.Last week, the Court had adjourned the Mullaperiyar dam matter, orally asking Senior Advocates Shekhar Naphade and Jaideep Gupta, for Tamil Nadu and Kerala respectively, to prepare the minutes of order for an arrangement where the Court-appointed Supervisory Committee can itself be empowered to pass directions to either state to carry out the necessary works within a specified timeline and, upon failure to implement the same, the Committee may itself execute the works from the funds at its disposal.A bench comprising Justices AM Khanwilkar, Abhay S Oka and CT Ravikumar was hearing a batch of writ petitions, filed by Kerala-based parties, seeking measures to ensure the safety of the 126-year old dam. Kerala and Tamil Nadu have taken contrary stances in the case, with the former stating that the only resolution to the issue is the construction of a new dam and the latter stating that the existing dam is safe and reinforcements can be done under the supervision of the Committee.On Thursday, Senior Advocate Jaideep Gupta, for State of Kerala submitted that a consensus could not be reached with Tamil Nadu: "We could not break the ice"Justice A. M. Khanwilkar: "Then we will pass order. The whole problem can be resolved by improving the mechanism which already exists. We only have to make it more effective"Mr. Gupta: "That is the line on which we exchange notes"Justice Khanwilkar: "Then you give your notes. On that basis, appropriate orders will be passed. That is the whole issue"Mr. Gupta: "We will give those notes to your lordships also. The difficulty is that some of those can only follow if your lordships have heard us out"Justice Khanwilkar: "Yes, yes, certainly, but those inputs can be given to us. we will take that into account and we have to pass that order"Senior Advocate Shekhar Naphade, for the state of Tamil Nadu: "There is one more dimension which I must bring to your lordships' notice. There is a Dam safety act which has come into force in December, 2021 under which several new authorities are constituted. The most important authority is the national Dam safety authority. It virtually takes over all functions which the (court-appointed Supervisory Committee was carrying out)…that is what the Union of India wanted to show to your lordships"Justice Khanwilkar: "We can consider that"Mr. Gupta: "There is no difficulty if there is a statutory provision. But I must tell you that none of these committees have come into existence…"Mr. Naphade: "That is true. I am only pointing out there is a new regime"Justice Khanwilkar: "we will look at that provision also and see if it is already operational or not. That will also be considered"Mr. Naphade: "the point of difference is that they want at any cost the new dam"Mr. Gupta: "it is one of the most fundamental aspects that whatever was discussed in the negotiation should be mentioned here. If we were leading on the negotiation, then of course everything would be placed before your lordships"Justice Khanwilkar: "yes, that will not happen…If there are certain directions required, we will consider"Mr. Gupta: "the only one issue we have agreed on is adding 2 technical members to the supervisory committee"Mr. Naphade requested that the bench allow him to circulate the new Act and adjourn the matter to Tuesday to peruse the same. The bench insisted on listening to the matter on Thursday itself after the overnight part-heard, indicating that if need be, it may be adjourned to Tuesday.In the post-lunch session, Additional Solicitor General Aishwarya Bhati told the bench, "your lordships may consider the latest status report that the supervisory committee has also filed. We have said it is time for another safety evaluation of the dam. This statute now deals with everything. The supervisory committee was a smaller committee which your lordships appointed. Now this mandate(under the Dam Safety Act) will take care of larger issues also. They can submit a report to your lordships at a time that your lordships deem appropriate. Then your lordships may take a call. Because a lot of problems have continued to remain- the strengthening of the three portions of the dam has not happened, the approach Road is not repaired, small things we are still struggling for several years"Justice Khanwilkar: "Under this act, which authority, which committee will be responsible to supervise this dam?"ASG: "National Dam Authority as per section 8"Justice Khanwilkar: "If this Act came into force in December 2021, why reference to this enactment is not made in your response which is filed"ASG: "we did not file any response after that. We filed a ...

Mullaperiyar Dam Case : Supreme Court Asks Centre About Scope Of Authority Under Dam Safety Act 2021

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