Mullaperiyar Dam: Supreme Court Expresses Discontent with Centre's Inaction on National Dam Safety Committee
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New Delhi, Jan 8 (NationPress) The Supreme Court of India, addressing a petition that raises serious safety issues concerning the Mullaperiyar dam located in Kerala, conveyed its dissatisfaction on Wednesday regarding the Central Government's inaction in establishing the National Committee on Dam Safety as required by the Dam Safety Act, 2021.
The bench, led by Justice Surya Kant, issued a notice to the Centre and requested the participation of the Attorney General in this critical matter, noting that the National Committee intended to oversee dam safety has yet to be formed.
This bench, which also included Justices Dipankar Datta and Ujjal Bhuyan, considered the possibility of creating a committee to perform a comprehensive safety audit of the dam, which dates back to the British era.
The plea, brought forth by advocate Mathews J. Nedumpara, sought urgent measures to safeguard the lives and properties of approximately 5 million residents in Kerala, who face significant danger should the Mullaperiyar dam fail.
According to the petition, the Mullaperiyar dam, constructed from limestone and ‘surkhi’, was inaugurated in 1895 with an anticipated operational life of 50 years. Now, at 129 years old, it has surpassed its intended lifespan by more than double.
The fears expressed by the people of Kerala center around the potential for the dam to collapse, which could lead to devastating floods in the districts of Idukki, Ernakulam, Alleppey, and Kottayam.
The petition argues that a 2006 judgement which deemed the dam safe was fundamentally flawed. In efforts to rectify this, the Kerala Government enacted legislation, yet a 5-judge constitution bench of the Supreme Court ruled that this law was an infringement on judicial authority and declared it unconstitutional. The Court further maintained that its 2006 ruling remains binding indefinitely as res judicata.
Furthermore, the petition claims that the two Supreme Court rulings asserting the Mullaperiyar dam's perpetual safety and permitting an increase in water levels from 136 ft to 142 ft or more has endangered the lives of 5 million citizens.
