TN moves apex court against dam survey

Tamil Nadu on Wednesday moved the Supreme Court challenging the permission granted to Kerala by the Central government for a proposal to conduct a survey and an investigation in the Periyar Tiger Reserve area to build a new dam in place of the Mullaperiyar dam. The application, drawn by counsel G. Umapathy and filed by counsel R. Nedumaran, in the main suit sought a direction to stay the Centre’s permission and restrain Kerala from doing the survey. Kerala had submitted to the Central government thus: “The proposal is for [a] survey in the National Park/sanctuary for preparing a design of a new dam in lieu of the 113-year-old weak Mullaperiyar dam. The present proposal for conducting an investigation and [a] survey in the 2.50 hectare extent (500 m x 50 m) by using total station, boring for testing rock as per the specification of the Geological Survey of India (5 nos. bore holes 10 cm dia) for the construction of a new dam in Mullaperiyar at 1300 ft. towards the western side of the present Mullaperiyar dam on the course of the Periyar...” The decision of the Standing Committee of the National Board for Wildlife, announced on October 6, said it decided to permit a survey “without in any way affecting any other legal and administrative clearances required.” Assailing the Centre’s decision, Tamil Nadu in its application said its suit against Kerala was listed for final hearing on October 20. In that suit, Kerala had filed its written statement stating that the [Kerala] Chief Minister had made a proposal for the construction of a new dam and “in the interim period when the new dam is being constructed, present flow of water to Tamil Nadu will be maintained.” Tamil Nadu in its reply said the existing dam “is safe after the completion of strengthening works and there is no case made out for the construction of a new dam. Based on the pleadings, the court had framed 11 issues, of which Issue No. 9 pertains to the proposal for a new dam." But Kerala has led no evidence on Issue No. 9. “On the contrary, Tamil Nadu... has clearly deposed that the present dam is structurally safe and there is no necessity for the new dam.”

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