In a victory for Tamil Nadu, the Supreme Court on Wednesday allowed the raising of water level in Kerala?s Mullaperiyar dam from 136 feet to 142 feet, and restrained the Kerala government from obstructing the former from doing so.
While declaring the Mullaperiyar dam as ?endangered?, a five-judge constitution bench headed by Chief Justice RM Lodha struck down the amendments to the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 that blocked Tamil Nadu’s move to increase the amount of water stored in the dam.
?…it is declared that the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 passed by the Kerala legislature is unconstitutional in its application to and effect on the Mullaperiyar dam. The state of Kerala is restrained by a decree of permanent injunction from applying and enforcing the impugned legislation or in any manner interfering with or obstructing the state of Tamil Nadu from increasing the water level to 142 ft. and from carrying out the repair works…?
However, to allay the apprehensions of Kerala about the safety of the Mullaperiyar dam, it also set up a three-member committee headed by a representative from the Central Water Commission to ensure proper repair of the Mullaperiyar dam periodically. The panel also has one representative each from the two states.
There have been differences between the two states over the safety of the dam. While Tamil Nadu had been demanding an increase in the water level in the 116-year-old dam to support its agricultural needs, Kerala has maintained the structure was weak and needed to be replaced. The dam site is in Kerala but the reservoir mainly serves Tamil Nadu. Kerala wants the dam brought down and has offered to fund and build a new one on the Periyar river. But Tamil Nadu feels that if a new dam is built, it will be forced to accept a reduced share of water.