Mullaperiyar Dam: Plea In Supreme Court For Appointing Independent Scientists To Adjudge Life Span And Decommissioning Date

The petition has been preferred by Charitable Organisation Save Kerala Brigade whose main objective is to involve in safety measures of all dams in India, protection of life and property of people, addressing their irrigation and electricity requirements of and taking steps to decommission old and deteriorated dams.

To solve the fears of five million people domiciled in central Kerala arising out of a possible burst of Mullaperiyar Dam, the petition also seeks for issuance of an order to the State of Tamil Nadu to bring down the water level from 133.99 feet, being the permitted water limit in the Dam to 130 feet immediately.

Further relief for maintaining the water level of 130 feet for 3 months starting from July 1, 2021, to September 30, 2021, i.e during monsoon and continuance of the same every year pending disposal of this writ has also been sought.

It has been argued that that applying the principle of "Public Trust Doctrine" and values along with the ideals, philosophies, aims and objectives, the Mullaperiyar issue can be settled even in one sitting by the responsible officials representing respective states focusing on water requirements of Tamil Nadu and safety requirements of Kerala.

"The character of population of Kerala is universal, believes in public trust doctrine and considers Tamil Nadu not only as a neighbour but also as a dear brother State and even otherwise the state of Kerala depends on Tamil Nadu for its fruits and vegetables along with other essential goods and both Kerala and Tamil Nadu states, a part of India, the great Nation that is Bharath," petition states.

The trust has further averred that the threat arising out of the burst of Mullaperiyar dam is a nightmare for the ⅓ population of Kerala, including the place where the High Court of Kerala is situated.

"What hurts and scares most is not the possibilities of death arising out of a Dam burst but the death arising out of utter negligence and lapses from the part of responsible officials who are duty-bound to act prudently," petition states in this regard.

The trust in the petition has also sought relief for passing an order to ensure water requirements of all states and safety of people in the low lying area of the same keeping in mind the probable water requirements in India for the next 100 years.

The petition has been drawn by Advocate Russel Joy, settled by Advocate Wills Mathews and filed by Advocate Shweta Garg.

Case Title: Save Kerala Brigade, Kerala and Another v. Union of India