Dam Safety Act: The Supreme Court on Thursday found a solution to the “perennial” legal struggle between Tamil Nadu and Kerala over the Mullaperiyar dam in the Dam Safety Act of 2021.
The new statute, according to a bench led by Justice A.M. Khanwilkar, covered practically everything except how to “settle political scores” in inter-State dam disputes. To prevent disasters, the Dam Safety Act lays out detailed guidelines for dam surveillance, inspection, operation, and maintenance.
Two bodies are formed on Dam Safety Act
Furthermore, the Central statute, which took effect in December, calls for the formation of two specialized bodies, the National Committee on Dam Safety and the National Dam Safety Authority (NDSA), to develop policies, recommend regulations for dam safety standards, and resolve inter-state disputes.
Kerala and Tamil Nadu have been swapping accusations over the Mullaperiyar dam’s safety, operation, and upkeep. Tamil Nadu denies that the 126-year-old dam is unsafe, poorly maintained, and poses a threat to thousands of people living downstream. Kerala is advocating for a new dam to replace the present one, but Tamil Nadu, which operates and maintains the reservoir, claims that the dam is well-maintained and robust enough to raise the water level to 152 feet.
The Supreme Court was looking for a solution to the “perennial conflict” between the two neighbors over the dam just a few days ago. It had floated the idea of extending the powers of its own supervisory committee to include responsibility for the structure’s safety and upkeep.
However, Additional Solicitor General Aishwarya Bhati, who is representing both the supervisory committee and the Central Water Commission, presented the court with an alternative to the 2021 law and the NDSA on Thursday. “Is it possible that the Mullaperiyar case will be the first to be heard under this Dam Safety Act?” Ms. Bhati was asked by Justice Khanwilkar.
‘Should the panel go on?’
The Bench even questioned whether the supervisory committee should continue to exist since the 2021 Act has rendered it obsolete. Kerala, on the other hand, said that the Centre was yet to designate professionals to the NDSA.
“When is this authority [NDSA] going to be operational?” This authority should be obligated to look after all dam safety issues… “It will be the authority’s job and responsibility to ensure the dam’s safety,” Justice Khanwilkar told Ms. Bhati. The court ordered Ms. Bhati to submit a thorough commentary on the Act and the NDSA’s responsibilities by Tuesday.