Supreme Court Intervenes in Decades-Old Mullaperiyar Dam Dispute, Seeks Responses on New Dam Plea

The Supreme Court of India has once again stepped into the contentious waters of the Mullaperiyar Dam dispute, issuing significant notices that demand immediate attention from key stakeholders. In a move that could redefine the future of the 128-year-old structure, the apex court has sought responses from the Central government, the states of Kerala and Tamil Nadu, and the National Dam Safety Authority (NDSA)/NDMA regarding a fervent plea for the construction of a new dam.

This development reignites the long-standing inter-state rivalry and underscores the grave safety concerns surrounding the colonial-era masonry structure.

At the heart of this legal battle is a petition filed by Dr. Joe Joseph, a resident of Kerala and secretary of the 'Mullaperiyar-Save Kerala Campaign'.

His plea is stark and urgent: the existing Mullaperiyar Dam, built with lime-surkhi concrete in 1895, is a ticking time bomb. Situated in seismic zone-III, its advanced age and the inherent vulnerabilities of its construction material pose an existential threat to an estimated 35 lakh lives downstream, particularly in Kerala.

The petition forcefully argues that continued inaction on replacing the dam constitutes a grave violation of the fundamental right to life enshrined under Article 21 of the Constitution.

Kerala, which hosts the dam within its borders, has historically advocated for a new dam, citing the paramount importance of public safety.

The state has, on various occasions, even proposed constructing a modern replacement downstream, designed to meet contemporary safety standards. However, this stance is met with firm opposition from Tamil Nadu, the primary beneficiary of the dam's waters. Tamil Nadu meticulously controls and maintains the Mullaperiyar Dam, which irrigates its southern districts.

The state vehemently opposes any move towards a new dam, insisting on the structural integrity of the existing one and its right to manage the vital water resource.

The Supreme Court bench, comprising Justices A S Bopanna and M M Sundresh, recognized the gravity of the situation by issuing the notices.

The petitioner's arguments are bolstered by references to the newly enacted National Dam Safety Authority Act, 2021, which emphasizes the critical need for robust dam safety measures and surveillance. The plea posits that the objectives of this act cannot be realized without addressing the inherent risks of the Mullaperiyar Dam.

Past Supreme Court rulings have also highlighted the necessity for continuous supervision and expert review to ensure the dam's safety, a sentiment echoed forcefully in the current petition.

This latest intervention by the Supreme Court serves as a crucial turning point, forcing all involved parties to confront the urgent need for a resolution.

While Kerala pushes for a new, safer dam, and Tamil Nadu remains steadfast in its defense of the current structure, the onus is now on the Centre and dam safety authorities to provide comprehensive responses. The future of Mullaperiyar Dam, and the safety of millions, now rests on the outcomes of these crucial deliberations and subsequent legal proceedings.