Taking cognisance of the effectiveness of Dam Safety Act in solving the long-standing dispute between the states of Tamil Nadu and Kerala over the Mullaperiyar Dam, the Supreme Court directed the Central government on Thursday to file details regarding the establishment and scope of the National Dam Safety Authority under the Dam Safety Act, 2021.
A Bench comprising Justice A.M. Khanwilkar, Justice Abhay S. Oka and Justice C.T. Ravikumar were apprised by the Counsel representing the Central Water Commission that the Act provides for surveillance, inspection, operation and maintenance of the specified dam for prevention of dam failure related disasters and an institutional mechanism to ensure their safe functioning and for matters connected to it.
The top court of the country was conducting hearing on a batch of petitions over safety of the 126-year-old dam, which has been a long-standing dispute between the two states.
The Mullaperiyar dam was built in 1895 on the Periyar river in Kerala’s Idukki district.
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It said under the Dam Safety Act 2021, the authority has been notified, which might solve the issue.
The Court observed that this mandate will take care of larger issues. The National Dam Safety Authority would be responsible for this dam.
The Act came into force on December 30, 2021.
As per Additional Solicitor General Aishwarya Bhati, a temporary structure has been put in place. The composition will include the Chairman of Central Water Commission ex-officio Chairperson, ex-officio members, three specialists in dam safety and some other members. Section 8 and 9 of the Act deal with the establishment and functions of the authority.
“It seems that an authority is there. We would need more details regarding the authority. File a note and let it come on record. We want the timeline and plan to be explained. Regulations will be framed by the authority and for that authority needs to be constituted first,”
-added Bhati.
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The matter will be heard next week.
On March 24, the top court had suggested the two states that issues regarding the structural safety of the 126-year-old Dam can be left to be dealt with by the supervisory committee, which can be strengthened.
The Apex Court had observed that the issue raised by Kerala, which has said that the process for setting up a new dam in the downstream reaches of the existing dam should start, can be debated, discussed and resolved by the supervisory committee, which can make its recommendation on this.