New Delhi, Jan 8 The Supreme Court, hearing a plea raising safety concerns surrounding Mullaperiyar dam in Kerala, on Wednesday expressed its displeasure over the Centre’s failure to constitute the National Committee on Dam Safety under the Dam Safety Act, 2021.
Issuing notice to the Centre, a bench headed by Justice Surya Kant sought the assistance of the Attorney General in the matter after it came across that no National Committee on Dam Safety has been constituted so far.
The bench, also comprising Justices Dipankar Datta and Ujjal Bhuyan, mulled forming a committee to undertake the safety audit of the British-era dam.
The petition, filed by advocate Mathews J. Nedumpara, sought directions for the protection of the lives and properties of 5 million fellow citizens of Kerala which will be at grave risk in the event of the Mullaperiyar dam breaching.
"The Mullaperiyar dam which is made of limestone and ‘surkhi’ was commissioned in the year 1895 with an estimated lifespan of 50 years. The dam is now 129 years old, over double its intended lifespan,” the plea highlighted.
As per the petition, the Keralites fear that the dam may break and if it happens, the districts of Idukki, Ernakulam, Alleppey, and Kottayam, will be completely washed away.
"The 2006 judgment holding the dam to be safe was undoubtedly erroneous. To undo the error, the Kerala Government resorted to legislation. However, a 5-judge constitution bench of this Court held that the law enacted by the Kerala Government to be an usurpation of judicial powers and declared it to be unconstitutional. This Court further went on to hold that its decision of 2006 by a 3-judge bench is binding in perpetuity as res judicata," it contended.
The petition claimed that the said two judgments of the apex court holding that the Mullaperiyar dam is eternally safe and that the water levels can be increased from 136 ft to 142 ft and even beyond has put the lives of 5 million people of this country in jeopardy.
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