The Supreme Court has directed the states of Kerala and Tamil Nadu to implement the recommendations made by the Supervisory Committee regarding the maintenance and management of the Mullaperiyar Dam. This directive came from a bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh, emphasizing the need for immediate action on urgent maintenance issues identified in a previous order.
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The bench expressed concern over the lack of follow-up action on the Supervisory Committee's recommendations, stating:
"We see no justification for inaction on part of the state authorities. Keeping in view the mandate given by this Court to the Committee, we direct states of Tamil Nadu and Kerala to act upon the recommendations made by the Supervisory Committee."
The Court mandated both states to ensure compliance with these recommendations within two weeks and submit a compliance report covering the agenda items addressed by the Committee, including six specific issues highlighted in an earlier order.
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During the hearing, Senior Advocate Shekhar Naphade, representing Tamil Nadu, stressed the urgency of implementing the 2014 Supreme Court judgment, which Tamil Nadu has been attempting to enforce for years. Naphade highlighted that Kerala had been obstructing this process, noting:
"This has to end somewhere. We need some mechanism to implement your lordships' decree."
One of the ongoing issues involves the permission for the felling of trees near the dam area. The bench clarified that Tamil Nadu must apply to the Ministry of Environment, Forest and Climate Change (MoEF) for permission, but Naphade pointed out that a previous application to Kerala was initially approved and later arbitrarily revoked.
Additional Solicitor General Aishwarya Bhati, representing the Union, informed the Court that the Supervisory Committee had convened a meeting as per the Court's instructions. The minutes of this meeting, handed over to the bench, highlighted unresolved issues between the two states.
On behalf of Kerala, Senior Advocate Jaideep Gupta requested a week’s time to respond to the minutes. However, the bench denied this request, emphasizing that Kerala's representatives were already part of the meeting. The Court stated that if any implementation issues arise, the states can present them at the next hearing.
Advocate Mathews J Nedumpara, another petitioner, voiced grave safety concerns, warning of a potential dam breach that could endanger millions of lives. He urged for a high-level meeting involving the Chief Ministers of both states and the Prime Minister to address the matter.
The Supreme Court’s order aims to ensure the safety and proper management of the Mullaperiyar Dam by mandating the states of Kerala and Tamil Nadu to adhere to the Supervisory Committee's guidelines without further delay.
Case Title: STATE OF TAMIL NADU Versus STATE OF KERALA . AND ANR., ORGNL.SUIT No. 3/2006 (and connected cases)
