Tuesday, December 8, 2015

Supreme Court Judgment May 7, 2014 in Mullaperiyar Dam Dispute between Tamil Nadu and Kerala

Supreme Court Judgment May 7, 2014 in Mullaperiyar Dam Dispute between Tamil Nadu and Kerala:
http://supremecourtofindia.nic.in/outtoday/41511.pdf

The judgment portion is reproduced below:
"221. In view of the foregoing discussion, we hold that Tamil Nadu is
entitled to the reliefs as prayed in para 40 (i) and (ii) of the suit. Consequently,
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 1st defendant – 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 as per the judgment of this Court dated
27.2.2006 in W.P.(C) No. 386/2001 with connected matters.
222. However, to allay the apprehensions of Kerala- though none
exists - about the safety of the Mullaperiyar dam on restoration of the FRL to
142 ft., a 3-Member Supervisory Committee is constituted. The Commmittee
shall have one representative from the Central Water Commission and one
representative each from the two States – Tamil Nadu and Kerala. The
representative of the Central Water Commission shall be the Chairman of the
Committee. The Committee will select the place for its office, which shall be
provided by Kerala. Tamil Nadu shall bear the entire expenditure of the
Committee.
223. The powers and functions of the Supervisory Committee shall be
as follows:
(i) The Committee shall supervise the restoration of FRL in the
Mullaperiyar dam to the elevation of 142 ft.
(ii) The Committee shall inspect the dam periodically, more
particularly, immediately before the monsoon and during the
monsoon and keep close watch on its safety and recommend
measures which are necessary. Such measures shall be carried
out by Tamil Nadu.
(iii) The Committee shall be free to take appropriate steps and issue
necessary directions to the two States - Tamil Nadu and Kerala –
or any of them if so required for the safety of the Mullaperiyar
dam in an emergent situation. Such directions shall be obeyed by
all concerned.
(iv) The Committee shall permit Tamil Nadu to carry out further
precautionary measures that may become necessary upon its
periodic inspection of the dam in accordance with the guidelines
of the Central Water Commission and Dam Safety Organisation. "

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