Supreme Court issues notice to Centre, TN on plea by Kerala NGO to decommission Mullaperiyar dam, construct new dam

In a development with significant ramifications in Kerala and Tamil Nadu (TN), the Supreme Court on Monday issued notice to the Central government and the State of Tamil Nadu on a petition seeking decommissioning of the century-old Mullaperiyar dam in Kerala and construction of a new dam at the same site.

A Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran sought response of the Union government and the State of Tamil Nadu on a petition moved by a Kerala based organisation, Save Kerala Brigade.

CJI Gavai remarked that Mullaperiyar dam is one of the oldest dams. Senior Advocate V Giri, appearing for the petitioner concurred and submitted that it was 130 years old. However, he pointed to the problems with the dam.

"But the life of about 10 million people are at the risk of loss," he said.

CJI Gavai then remarked that perhaps some direction could be issued to strengthen the dam or appoint an expert body to assess it. However, Justice Chandran remarked that the petitioner would have to point out the problems with the existing dam since it involves two States.

"But you have to explain what exactly is the problem because if another dam is built then Tamil Nadu water...?"

Giri said another dam can come up and only the top court can pass such direction. The Court then proceeded to issue notice in the matter.

The Mullapariyar dam, which was built by the British, has been a source of friction between Tamil Nadu and Kerala for the past many decades with Kerala claiming that the dam is unsafe while Tamil Nadu maintaining that the dam is structurally intact and safe.

While the dam and its catchment area are within Kerala, the water from its reservoir is used by Tamil Nadu and is the lifeline of five districts in TN.

In a 2014 judgment, the Supreme Court had ruled in favour of Tamil Nadu and held that the dam is safe but the water level in the dam's reservoir should be kept at 142 feet. It had then constituted a supervisory committee to manage the dam.

Tamil Nadu has all along maintained that the dam is safe and has also sought directions for strengthening the existing dam.

Later during the Kerala floods of 2018, a petition came to be filed before the top court in which an interim order to maintain the water level at 139 feet during the Kerala floods was passed as a temporary arrangement.

The Kerala government has contended throughout that the dam is unsafe and should be decommissioned.