Mullaperiyar Dam Case : Petitioners Urge Supreme Court To Prevent Tamil Nadu From Discharging Water At Night

The Kerala-based petitioners have filed an additional affidavit before the Supreme Court accusing the Tamil Nadu Government and its officials of handling the operation of the Mullaperiyar dam carelessly and callously.  The petitioners submit that the Tamil Nadu has been "terrorising" Kerala residents by discharging massive amounts of water at night without proper warnings.

The primary allegation in the affidavit was that no proper rule curve or gate operation schedule was followed for the Mullaperiyar dam and that the concepts were still on paper. The petitioners, Dr Joe Joseph and others, further alleged that there was no office mechanism for the Supervisory Committee to monitor the safe operation of the dam.

Through the affidavit, the petitioner has alleged imprudent operation of the dam by Tamil Nadu:

"The water level in the dam has to be maintained at a safe level and the shutters are to be operated in a judicious manner. Terrorising the citizens with massive water discharge at night has to be prevented...It seems that the State of Tamil Nadu and its officials are least bothered about the difficulties, hardships and damage caused to the people living in the immediate downstream of the dam situated in the State of Kerala."

It is stated that the shutters in the dam were opened abruptly in the late hours of 6th and 7th December in the most unscientific and inhuman manner. The affidavit stated that the immediate locality was panic-stricken with the water gushing into their houses and were compelled to shift to safer places with family including children after dark. This incident had also garnered wide media coverage in the State. 

This unexpected opening of shutters has been going on since 29.11.2021 according to the petitioner. Considering that there are thousands of people residing immediately downstream, shutters being operated in such manner at night cause flood and distress to the people. 

Therefore, the petitioners have sought the officers responsible for the present 'terrifying' situation in the State to be put to task for their deliberate acts and deeds.

Meanwhile, the shutters in the dams situated within Tamil Nadu's territorial limits were being operated effectively and vigilantly without causing any difficulty to the people residing therein, the affidavit alleged.

As such, the affidavit called for the full-time presence of Supervisory Committee officials/technical staff at the dam site to ensure its safe and trouble-free operation. 

The petitioners also prayed that the Committee's office function on a day to day basis with sufficient engineers and technical staff to monitor the safe operation of the dam. 

Comprehensive Safety Evaluation 

Apart from this, the petitioners have also raised concerns over the last comprehensive safety evaluation of the dam being conducted over a decade ago. Taking into account the fact that the State has witnessed two major floods and flood-like situations every monsoon for the last couple of years, the affidavit has recommended another evaluation to be conducted expeditiously. 

Periodic inspection and safety audits of the dam have been cited to be highly necessary by the petitioner since the failure of the same is likely to affect 3.5 million people. 

"The dam was built at a time when dam engineering was at its infancy."

Thereby, petitioners have sought a direction to the Supervisory Committee to immediately conduct a comprehensive safety evaluation of the dam as envisaged in Chapter 10 of Guidelines for Safety Inspection of Dams.

It has also been suggested that all internationally accepted investigations including isotope studies for seepage and borehole logging techniques be conducted as well. 

A Bench comprising Justices AM Khanwilkar and CT Ravikumar recently agreed to hear the case expeditiously. It will be taken up on December 10 subject to the completion of hearing in two other part-heard matters.

Background:

The Kerala Government had earlier filed an affidavit disputing the rule curve adopted by the Supervisory Committee at the suggestion of Tamil Nadu. It was added that the long term solution to the problem was the decommissioning of the existing dam to construct a new dam.

Following this, Tamil Nadu had filed a counter-affidavit, opposing the arguments put forth by the Kerala Government. It affirmed that the dam was found to be "hydrologically, structurally and seismically safe" by the Supreme Court and that it has been repeatedly strengthened under the supervision of the Committee.

Case Title: Dr. Joe Joseph & Ors. v. State of Tamil Nadu & Ors