Dam construction of a state protested by the tribal people of another state
deepika
(Querist) 05 April 2015
This query is : Resolved
please help me out of this moot problem:
panchamuki river starts in kerala, flows through it for 160kms and crosses tamilnadu, runs through it for 285kms and empties into the bay of bengal. the state of kerala decided to build a large dam across the river at irungnalakuda. the project has already started and is awaiting clearance from central water commisssion, ministry of environment and forest and ministry of welfare. tribal people of five villages living on the banks of the river in the state of tamilnadu, fearing the consequences, formed an agitation committee under the "tribal protest forum" and filed a case against the state of kerala in the Supreme court challenging the dam project on the following grounds.
1. the dam project will cause ecological imbalance and violates their right to environment.
2. their livelihood is affected.
3. they will be displaced since the dam project will submerge their villages.
4. their place of worship will be destroyed and hence the project is violative of their religious right.
5. kerala's action is violative of the Forest Rights Act.
I HAVE TO APPEAR FOR THE RESPONDENT- THE STATE OF KERALA.
I HAVE MANY DOUBTS WITH THIS PROBLEM:
1.WHETHER A STATE CAN BUILD A DAM WITHOUT THE PERMISSION OF THE CENTRAL GOVERNMENT?
2. IS THERE ANY CASE LAW TO BE CITED FOR THIS MOOT PROBLEM?
3.please frame issues for this problem for the respondent?
DR.VEDULA GOPINATH
(Expert) 05 April 2015
dear colleague
River Ravi Beas there was a dispute and commission was also formulated by SC.
Central Water commission is having lot of files pertaining to inter state disputes.
Sc is having few cases settled earlier.
good luck
yours in legal fraternity
dr vedula gopinath vgnath@gmail.com
deepika
(Querist) 06 April 2015
thank you so much sir.
