Under the Dam Safety Act of 2021, the Supreme Court granted its supervisory committee the powers and tasks of the National Dam Safety Authority (NDSA) as an interim measure to ensure the safety and maintenance of the 126-year-old Mullaperiyar dam.
“We believe it is appropriate to grant the parties’ request to strengthen the supervisory committee until the regular NDSA becomes operational in accordance with Section 8 of the Dam Safety Act so that the reconstituted supervisory committee can discharge all functions and exercise all powers otherwise required to be exercised by the NDSA for ensuring the dam’s safety as well as preventing dam failure-related incidents.”
The supervisory body, which has been given increased power and reaches, will continue to operate until a permanent NDSA is established under the 2021 Act to take its place.
“Under the terms of this order, the supervisory committee is regarded to be discharging all of the NDSA’s tasks and powers until a formal NDSA is established under the Dam Safety Act of 2021… The court stated in the judgment, “We express the optimistic expectation that the Centre would take action to establish a regular NDSA as soon as possible because it cannot be delayed.”
‘Conduct a new dam safety audit’
After drafting the terms of reference for the dam safety evaluation under the 2021 Act, the court directed the committee to perform a new safety review.
The court ordered Kerala and Tamil Nadu to follow the panel’s instructions on the dam’s safety and operation. Both countries must provide the committee with “full cooperation” and follow its instructions. Non-compliance with the directives would result in not just “proper action” for ignoring the court order, but also Dam Safety Act procedures.
The court ordered the two States’ Chief Secretaries “personally responsible” for ensuring that “every direction made by the committee, including setting aside required monies for providing logistical support, is carried through to its logical conclusion without exception,” according to the court.
“It will be in the greater public interest to strengthen the supervisory committee, both in terms of its composition and the extent of its activities, so that it is brought into compliance with the provisions and powers of the NDSA as defined in the 2021 Act,” the report stated.
Nomination of technical experts
Kerala and Tamil Nadu have been given two weeks to select one technical expert each for the committee. They should have a thorough understanding of reservoir operations and instrumentation.
The Court stressed that the committee would be free to carry out its tasks given to it both by the court and under the 2021 Act even if the States did not nominate expert members. “This is merely a temporary solution until the regular NDSA is fully operational,” it stated.
‘Listen to representations’
It instructed the committee to hear local residents’ concerns regarding the dam’s safety and functioning and to take appropriate measures in a timely way.
The Court allowed Tamil Nadu to make comments to the committee about the work that has to be done on the dam and its grounds.
The court also ordered the Union to assist the panel with logistics. It requested that the panel submit a compliance report by May 11, the case’s next hearing date. The Bench, on the other hand, stated that in the event of an emergency, parties, including the panel, could approach the court before the scheduled hearing date by filing a formal application.
Take action on a thorough plan
The Dam Safety Act, according to the court, provides a comprehensive solution to inter-State dam conflicts, particularly in circumstances like the Mullaperiyar dam in Kerala which is controlled by Tamil Nadu.
The two countries have been exchanging accusations about the facility’s safety, functioning, and maintenance. Tamil Nadu denies that the dam was unsafe, poorly maintained, and posed a threat to thousands of people living downstream. Kerala has been advocating for a new dam to replace the existing one, but Tamil Nadu claims that the old dam is well-maintained and powerful enough to raise the water level to 152 feet.