Mullaperiyar Dam Safety: Supreme Court’s Decision on Supervisory Committee and National Dam Safety Authority

The Supreme Court of India recently addressed concerns regarding the safety and maintenance of the Mullaperiyar Dam in the case of Dr. Joe Joseph & Others vs. State of Tamil Nadu & Others. The petitioners had raised issues about dam safety, disaster prevention, and the need for a dedicated institutional mechanism to oversee the dam’s operations. The case gained further significance with the enactment of the Dam Safety Act, 2021, which brought new legal provisions into play.

The Court’s ruling focused on the transition from the existing Supervisory Committee, which was overseeing the dam’s operations, to the newly formed National Dam Safety Authority (NDSA) under the 2021 Act. The judgment ensures continued oversight of the Mullaperiyar Dam while the NDSA becomes fully operational.

Background of the Case

The Mullaperiyar Dam, located in Kerala but operated by Tamil Nadu, has been a longstanding subject of legal disputes due to concerns over its structural integrity and management. The Supreme Court had earlier constituted a Supervisory Committee comprising representatives from the Central Water Commission (CWC), Tamil Nadu, and Kerala to monitor the dam.

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During the proceedings, the Parliament passed the Dam Safety Act, 2021, which came into force on December 30, 2021. The Act established a legal framework for dam surveillance, inspection, operation, and maintenance at the national level, including provisions for a National Dam Safety Authority (NDSA). This raised the question of whether the existing Supervisory Committee should continue or be replaced by the NDSA.

Petitioners’ Arguments

The petitioners, including residents of the downstream areas of the Mullaperiyar Dam, argued that:

• The Supervisory Committee lacked sufficient authority and resources to ensure the dam’s safety.
• The Dam Safety Act, 2021, provided a comprehensive framework that should be implemented without delay.
• There was an urgent need for a dedicated technical body to oversee the dam’s safety and maintenance.
• The Supreme Court should direct the immediate takeover of responsibilities by the NDSA.

Respondents’ Arguments

The State of Tamil Nadu, which operates the dam, countered with the following points:

• The Supervisory Committee had been functioning effectively since its constitution by the Supreme Court.
• The transition to the NDSA would take time, and a sudden handover could disrupt dam operations.
• The Tamil Nadu government had pending works related to dam maintenance, which should be reviewed before implementing new changes.
• Until the NDSA becomes fully operational, the Supervisory Committee should be strengthened rather than dissolved.

Supreme Court’s Judgment

The Supreme Court, comprising Justices A.M. Khanwilkar, Abhay S. Oka, and C.T. Ravikumar, ruled that the Supervisory Committee should continue to function but with strengthened authority until the NDSA becomes fully operational. The Court made the following key observations:

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• Continuation of the Supervisory Committee: The Court acknowledged that the Supervisory Committee had been effectively overseeing the dam. It ruled that the Committee should continue functioning, but with expanded powers in line with the 2021 Act.
• Formation of the National Dam Safety Authority: The Court recognized the importance of the NDSA and urged the government to expedite its full implementation.
• Strengthening the Committee: Two technical experts, one each from Tamil Nadu and Kerala, were to be added to the Supervisory Committee to enhance its capabilities in dam management, reservoir operations, and safety monitoring.
• Responsibilities of the Committee: The reconstituted Committee was directed to discharge all functions outlined for the NDSA under Section 9 of the 2021 Act until the Authority becomes fully functional.
• State Accountability: The Chief Secretaries of Tamil Nadu and Kerala were made personally responsible for ensuring compliance with the Committee’s directives.
• Review of Pending Works: The Tamil Nadu government was permitted to bring up any pending maintenance works before the reconstituted Committee for approval.
• Public Concerns: The Court directed the Committee to entertain suggestions from local residents and address safety concerns in a time-bound manner.

Implications of the Judgment

The Supreme Court’s ruling has significant implications for dam safety management in India:

• Institutional Framework for Dam Safety: The judgment reinforces the role of structured oversight in dam operations, ensuring public safety and disaster prevention.
• Transition to the NDSA: The ruling facilitates a gradual shift from a court-appointed Supervisory Committee to a legally established National Dam Safety Authority.
• Enhanced Technical Oversight: By adding technical experts to the Committee, the Court has ensured that scientific expertise plays a greater role in decision-making.
• Public Participation: The directive to consider local concerns marks an important step toward community engagement in dam safety measures.
• Legal Precedent: The judgment sets a precedent for managing disputes related to inter-state water infrastructure, balancing administrative continuity with new legislative mandates.

Conclusion

The Supreme Court’s decision in Dr. Joe Joseph & Others vs. State of Tamil Nadu & Others is a landmark ruling that addresses both immediate and long-term concerns regarding the Mullaperiyar Dam’s safety. By ensuring the continued functioning of the Supervisory Committee while transitioning to the NDSA, the judgment strikes a balance between maintaining oversight and implementing new legal frameworks. This ruling underscores the importance of structured governance in dam safety and sets a strong precedent for future cases involving water infrastructure management.

Petitioner Name: Dr. Joe Joseph & Others.
Respondent Name: State of Tamil Nadu & Others.
Judgment By: Justice A.M. Khanwilkar, Justice Abhay S. Oka, Justice C.T. Ravikumar.
Place Of Incident: Mullaperiyar Dam, Tamil Nadu-Kerala Border.
Judgment Date: 08-04-2022.

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