[Mullaperiyar Dam Water level] Situation serious, concerns lives of people: Supreme Court asks Expert Committee to decide

The Supreme Court on Monday observed that the issue surrounding fixing of maximum water level in Kerala's Mullaperiyar dam is a serious issue but it is not something which the Court can do since it lacks the expertise for the same (Dr. Joe Joseph v. State of Tamil Nadu)..A Bench of Justices AM Khanwilkar and CT Ravikumar, therefore, said that it is the task of the expert supervisory committee appointed by the Court to decide the same and asked the committee to take a call expeditiously."We cannot decide the water level, only expert committee can take a call. We direct all parties to consult each other and take a call in coordination with State governments about the water level," the Court said.The Court said that the situation on ground is serious and involves lives and property of millions of people. "Please understand the anxiety of the other party. The committee needs to take a call about the maximum level. It is about the life and property of people. It is serious situation on ground. This is not a political arena," the Court said.The Court asked the parties to get back with the decision day after tomorrow when the matter will be heard again..The Court was hearing a plea by the Kerala government to ensure that water level is not allowed to exceed 139 feet, three feet below the permissible limit of 142 feet prescribed by the 2014 judgment of the top court. The Supreme Court had in 2018 passed an order to maintain water level at 139 feet during the Kerala floods as a temporary arrangement. The Kerala government in its present plea asked for a similar prayer in view of the incessant rains in the State which has led to a rise in water level in the dam's reservoir. Senior Counsel Jaideep Gupta and Standing counsel G Prakash appearing for Kerala government, submitted that the water level should not be allowed to exceed 139 feet, since it could pose danger to people living downstream."Today the level is 137 feet please ask Tamil Nadu to maintain it at 137 till tomorrow," said Gupta.Additional Advocate General V Krishnamurthy, appearing for Tamil Nadu, said that Chief Minister of Kerala had asked Tamil Nadu to inform Kerala before opening dam's shutters. He also pointed out that the 2014 judgment of the apex court allows water upto 142 feet. "There is a heavy rainfall forecast and please ask them to maintain them at 137 feet. When there is risk court should err on the side of caution," Gupta responded.The Court maintained that it cannot take a call but since the issue is serious all parties should keep aside politics and consult each other and take call. The matter will be heard on Wednesday. .The plea by Kerala government was filed as an application in a petition filed by Dr. Joe Joseph raising concerns about lack of adequate supervision of water levels in the dam.During the hearing of the matter in March 2021, the Supreme Court had said that three core issues will have to be addressed by the Supervisory Committee appointed by the Supreme Court. "The first is about the instrumentation of the dam and monitoring its performance. The second is to finalize the rule curve and the third is to finalize the gate operation schedule/reservoir operation plan," the order passed on March 16 had said.The Court had also said that the State of Tamil Nadu had failed to furnish the relevant information for finalization of rule curve.It had, therefore, directed State of Tamil Nadu to furnish requisite information to the Supervisory Committee.Subsequently, on October 8, Additional Solicitor General appearing for the Central government submits that the concerned States have substantially complied with the queries and formalities as was required to be done in terms of the earlier order of this Court. She had then sought time to file a status report to be presented before the Court..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.