- Dispute: The 129-year-old Mullaperiyar Dam, located in Kerala but owned by Tamil Nadu, has long been a source of conflict over its safety and structural integrity.
- Supreme Court’s Role: The Court has previously addressed safety concerns. Recently, it questioned whether the existing Supervisory Committee (formed by the Court) or the new Statutory Committee (under the Dam Safety Act, 2021) should manage the dam’s safety.
Relevance : GS 2(Polity and Governance)
Key Points of Inquiry
- Court’s Question: Which committee—Supervisory or Statutory—would be more effective in overseeing the dam’s safety?
- Justice Surya Kant’s Concern: The Court highlighted the need to avoid overlap and dual oversight.
- Next Hearing: Scheduled for February 19, where both states will present arguments.
Dam Safety Act of 2021
- National Committee Formation: The Act mandates a National Committee on Dam Safety chaired by the Central Water Commission (CWC) with representatives from both the Centre and States.
- Functions:
- Policy and guidelines formation for dam safety.
- Setting national standards for maintenance and safety.
Positions of the States
- Tamil Nadu’s Argument: Tamil Nadu emphasized cooperation and suggested Kerala was obstructing resolution.
- Kerala’s Argument: Kerala contended that Tamil Nadu had not properly maintained the dam, located in Kerala.
Key Legal Debate
- Supervisory vs. Statutory Committee: The Court is deliberating which committee is more suited for the dam’s safety.
- Overlap Concerns: Potential conflicting directives could arise from dual oversight.
- Safety Risks: The dam’s age and structural pressures make effective governance critical.
Impact of the Decision
- Streamlined Oversight: The Court’s ruling could clarify authority and improve dam safety governance.
- Potential for Cooperation: A resolution may encourage better cooperation between Tamil Nadu and Kerala.
Concluding Observations
- Specialized Oversight: The case highlights the importance of effective, specialized oversight for critical infrastructure.
- Dam Safety Act’s Role: While the Act provides a national framework, the specific context of Mullaperiyar requires careful judicial consideration.
