The supervisory committee on the Mullaperiyar dam could be authorised with all the duties falling under the purview of the newly introduced Dam Safety Act until a new authority comes into force based on the law, the Supreme Court proposed on Tuesday.
The apex court issued the directive after the central government told it that the it would take one more year to set up a new Dam Safety Authority.
The top court made the proposal in a plea filed by Kothamangalam native Joe Joseph seeking the court's intervention to empower the supervisory panel further. The Kerala government had also made a similar request which Tamil Nadu opposed.
The Supreme Court said both Kerala and Tamil Nadu -- the states engaged in a prolonged legal battle over the dam -- can appoint one more technical expert each to the committee. Respective chief secretaries could recommend for the appointment.
The supervisory panel can approach the apex court as and when either of the states fail to implement its directives, a Bench headed by Justice A M Khanwilkar said. The apex court advised both the parties to discuss its suggestion and submit the minutes of the talks to it. The top court will hear the matter again on Thursday.
During the previous hearing on March 31, the apex court had asked the Centre to file a note detailing the time frame and also when the National Dam Safety Authority, envisaged under the 2021 Act, would be functional.
A bench headed by Justice A M Khanwilkar is hearing the pleas raising issues pertaining to the Mullaperiyar Dam, which was built in 1895 on the Periyar river in Idukki district.
Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Central Water Commission (CWC) and the supervisory committee, had told the bench about the Dam Safety Act 2021 and said the legislation has come into force.
The ASG said the Act is for all dams but it also deals with the peculiar position where the owner is in one state and the dam in another.
She argued that the National Dam Safety Authority will be the relevant authority for the purpose of Mullaperiyar dam issue.
Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the dam. While Kerala claims that the structure is unsafe, Tamil Nadu denies it. Kerala has demanding a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved. Tamil Nadu's argument is that the dam is so strong that the height water level could even be increased to 152 feet.
