Anand BA., BL.,
1. On 29-10-1886 a lease indenture for 999 years was made between Maharaja of Travancore and Secretary of State for India for Periyar irrigation works by another agreement in 1970, Tamil Nadu was permitted to generate power also.
2. The Mullaperiyar Dam was constructed during 1887-1895 across Periyar River in the then Travancore state (now Kerala) territory after said indenture. The Periyar Dam with full reservoir level of 152 ft. provides for diversion of water from the reservoir through a tunnel to Vaigai basin in Tamil Nadu for irrigation benefits in 68558 ha.
3 In 1979, reports appeared in Kerala Press about the safety of Mulla Periyar Dam. On 25th November, 1979 Chairman, CWC held discussions at Thirvananthapuram regarding strengthening Periyar dam with officers of Irrigation and Electricity, Deptt. of Kerala and PWD of Tamil Nadu. In the meeting, emergency measures to be completed before next monsoon (1980), medium term measures and long-term measures for strengthening of Periyar Dam were decided. One of the emergency measures was to keep the shutters of spillway raised fully to lower the reservoir level to 136 ft.
4. A second meeting under the Chairmanship of Chairman, CWC was held on 29th April 1980 at New Delhi and it was opined that after the completion of emergency and medium term measures in the form of cable anchoring, the water level in the reservoir can be restored up to 145 ft.
5. As per the Memorandum on the Rehabilitation of Mulla Periyar Dam prepared by CWC and forwarded to Tamil Nadu on 25th March, 1986, emergency measures were implemented. In the aforesaid Memo, CWC gave its recommendation about peak flood and size of additional vents to be added in the spillway for implementing remaining emergency measure of providing additional spilling capacity. It also gave its recommendation about the design details of concrete backing on the downstream face of the dam. Besides this, CWC suggested The Government of Tamil Nadu to examine the possibility of raising the top of RCC parapet by another two feet apart from few other suggestions. It was opined in the forwarding note that after completion of the proposed strengthening measures, provision of other additional vents and implementation of other suggestions, Periyar dam would be competent to hold water upto FRL of 152 ft.
6. The matter became subjudice with several petitions in the Kerala and Tamil Nadu High Courts. All these cases were transferred to the Supreme Court which heard the matter and desired in its order dated 28.4.2000 that Hon’ble Minister (WR) may convene a meeting of the Chief Ministers of both the states of Kerala and Tamil Nadu to amicably resolve the issue.
7. Hon’ble Minister (WR) convened the Inter-State meeting on 19.5.2000 and as decided in the meeting, an Expert Committee under Member (D&R), CWC with representatives from both States was constituted in June 2000 to study the safety of the dam with respect to strengthening of dam carried out by The Government of Tamil Nadu on the advice of Central Water Commission and advise regarding raising of water level in the reservoir beyond 136 ft as a result of strengthening of dam.
8. The Committee in its report of March, 2001 opined that with the strengthening measures implemented, the water level can be raised from 136 ft. to 142 ft. without endangering safety of the dam. Further raising of water level to 152 ft. will be considered after balance strengthening measures are implemented.
9. In the case of Transfer Petition Dr. Subramanian Swamy Vs Tamil Nadu, the Report of the Expert Committee was filed in the Hon’ble Supreme Court on 31.8.2001 and also sent to the State Governments of Kerala and Tamil Nadu.
10 In writ Petition ( C) No. 386 of 2001 (Mulla Periyar Environmental Protection Forum Vs Union of India and Ors) the Supreme Court in its Judgement dated 27.2.2006, permitted the Government of Tamil Nadu to raise the water level of Mulla Periyar dam from 136 ft. to 142 ft. and take up the remaining strengthening measures.
11. Consequent to the aforesaid orders of the Supreme Court of India, the Kerala Government passed the Kerala Irrigation and Water Conservation (Amendment) Act 2006 which received the assent of the Governor on 18th March 2006 which prohibited the raising of water level beyond 136 ft. in the Mulla Periyar Dam as Mullaperiyar Dam was placed under the Schedule of ‘Endangered Dams’.
12. The Government of Tamil Nadu filed a suit No. 3 of 2006 – State of Tamil Nadu v/s State of Kerala and Union of India in the Hon’ble Supreme Court on 31.3.2006 praying for -
(i) Declaration of Kerala Irrigation and Water Conservation (Amendment) Act 2006 passed by Kerala Legislature as unconstitutional in its application to and effect on Mulla Periyar Dam.
(ii) Pass a decree of permanent injunction restraining Kerala from application and enforcing impunged legislation enforcing with or obstructing Tamil Nadu from increasing the water level to 142 feet and from carrying out the repair works as per judgment of Supreme Court dated 27th February 2006.
13. A Review Petition filed by the State of Kerala on 3.4.2006 was dismissed by the Supreme Court on 27.7.2006.
14. In the matter referred to in para 13 above, the Hon’ble Supreme Court has passed an order on 25.9.2006 stating “the two State Governments independently or with the intervention of the Union of India may try to sort out the dispute, if possible.
15. The Hon’ble Union Minister (WR) convened an inter-State meeting of the Chief Ministers of States of Tamil Nadu & Kerala on Mulla periyar dam issue on 29.11.2006 at New Delhi. Hon’ble Union Minister (WR) further discussed matter with the Minister (WR/PW) from the States of Tamil Nadu & Kerala on18.12.2006. The States of Tamil Nadu and Kerala reiterated their respective stand in the meetings and no consensus could be reached regarding a solution acceptable to both States. The matter is now subjudice.
16. Subsequently, Hon’ble Chief Minister of Tamil Nadu met Hon’ble Prime Minister on 18.12.2007 and Hon’ble Prime Minister suggested him to have a meeting with Hon’ble Chief Minister of Kerala on Mulla Periyar issue. Hon’ble Chief Minister of Tamil Nadu met Hon’ble Chief Minister of Kerala on 19.12.2007 in presence of Hon’ble Union Minister of Water Resources. Further a letter dated 20.12.2007 was received from the Hon’ble Chief Minister of Tamil Nadu mentioning that in the above meeting, Hon’ble Chief Minister of Tamil Nadu suggested to oversee the seepage measurement of the dam by engineers not belonging to either of the two States through CWC and Hon’ble Chief Minister of Kerala agreed to consider them.
17. Later, the Govt. of Tamil Nadu forwarded a letter dt 22/1/08 of Hon’ble Chief Minister of Kerala addressed to Hon’ble Chief Minister of Tamil Nadu wherein it is mentioned that in the meeting dt 19/12/2007 he suggested a joint mechanism to monitor the seepage. The Govt. of Tamil Nadu also enclosed a letter dated 4/2/2008 from Hon’ble Chief Minister of Tamil Nadu addressed to Hon’ble Chief Minister of Kerala wherein it is mentioned that joint monitoring was not discussed in the meeting.
18. CWC was requested to suggest a suitable mechanism for monitoring the seepage and possible structure of the Committee to monitor it. They suggested a nine- member Committee headed by a Chief Engineer, Central Water Commission having representatives from both States for Monitoring the seepage of Mulla Periyar Dam. The composition of the Committee along with terms of reference was sent to Chief Secretary, Government of Tamil Nadu and Kerala vide letter dated 28.4.2008 for their concurrence / suggestions.
19. The Government of Tamil Nadu vide its letter dated 17.6.2008 has sent its comments on the proposed Monitoring Committee stating that the present proposal of the Government of India to constitute a Committee comprising officers from CWC, Tamil Nadu Government and Kerala Government to measure the seepage in Mulla Periyar Dam is not in conformity with the discussion held in the meeting dated 19.12.2007 and proposal will lead to more and more complications and thus not acceptable to Govt. of Tamil Nadu. The Govt. of Kerala vide letter dt 24.2.2009 informed that the stand taken by the Govt. of Tamil Nadu for neutral agency of experts excluding those form Kerala and Tamil Nadu is not acceptable to them.
20. In the meanwhile, Govt. of Kerala has got done hydrological review studies from a professor of IIT, Delhi and has since filed the said hydrological studies report in the Hon’ble Supreme Court on 15.07.08 in connection with Suit No.3 of 2006 filed by the Government of Tamil Nadu. It has been concluded in the report that the Mulla Periyar dam is hydrologic ally unsafe for passing the estimated Probable Maximum Flood (2, 91,275 cusec / 8,248 cusec) with the existing spillway capacity. Comments of Hydrological Studies Organisation, CWC on the report were forwarded to the Govt. Advocate as per instructions of MoWR vide CWC letter dated 13.10.08. CWC has commented that the difference in the adopted values of Design Rainfall (Storm) depth, Time distribution of rainfall, Unit hydrograph & Infiltration rate have resulted in estimation of higher flood peak (PMF) and the said studies by the IIT Professor does not appear to be well founded.
21. Meanwhile the Government of Kerala constituted a Committee in May 2009 which submitted its report in June, 2009. The Committee suggested mapping of the underwater area, installation of highly sensitive computer operated Seismograph and construction of a new Dam downstream of existing dam. The Committee has also opined that the dam has reached such a deteriorated condition that no amount of rectification work could salvage it to a safe and healthy condition. Keeping in view this report, Minister (WR) advised Chairman, CWC in July, 2009 to constitute a team of officers to visit the dam and assess the present condition of the Mulla Periyar dam and look into the issues raised in the report of the above Expert Committee. The team had proposed a visit to the dam from 22-25 July, 2009 and the conveniences of the Government of Kerala and Tamil Nadu for the visit were sought. The Government of Tamil Nadu agreed to the proposed visit but the Government of Kerala requested for postponement of the proposed visit because of torrential rains. Thereafter, the visit could not materialize.
22. Thereafter, Secretary (WR) convened a meeting on the Mulla Periyar Dam on 31.7.2009. The meeting was attended among others by Principal Secretary, PWD, Tamil Nadu and Additional Chief Secretary, WRD, Kerala. In the meeting the representative of Kerala informed that the Kerala Govt. visualizes construction of new dam as the only feasible solution and they have started survey and investigation for a new dam at an alternate site downstream of the existing dam and they may also consider the construction of a new dam at their own cost. Representative of Kerala stated in the meeting that the Govt. of Kerala also recognizes the established uses of water from the dam by Tamil Nadu as per the existing agreement between the two States and will continue the same after the construction of a new dam. In the said meeting the representative of Govt. of Tamil Nadu informed that the Govt. of Tamil Nadu would examine the proposal of the Govt. of Kerala for new Dam after the same is formally received from them. In view of this, Hon’ble Minister (WR) vide DO dated 26.08.2009 requested Hon’ble Chief Minister, Kerala to send the proposal in this regard to the Govt. of Tamil Nadu for their consideration.
23. Later, Govt. of Tamil Nadu vide letter dated 14.9.09 mentioned that as regards the decision that has emerged in the meeting, to examine the proposal of the Kerala Government for the construction of a new dam by Tamil Nadu Government, the Government of Tamil Nadu had already communicated to the Government of India as well as to the Government of Kerala that there is no need for construction of a new dam by the Kerala Government, as the existing dam after it is strengthened, functions like a new dam. They also mentioned that Hon’ble Chief Minister of Tamil Nadu in his letter dated 13.07.09 to Hon’ble Chief Minister of Kerala had mentioned that Kerala Govt. may not raise the issue of new dam any more.
24. The Govt. of Kerala vide letter dated 26.9.2009 sent comments on the minutes of the meeting dated 31.7.2009 mentioning that the statement “The Govt. of Kerala also recognizes the established use of water from the dam by the Tamil Nadu as per the existing agreement between the two States and continue the same after the construction of new dam” is not acceptable. What was mentioned in the meeting was that Kerala is willing to give water to Tamil Nadu.
25. Further, Hon’ble Supreme Court heard the issues related to Mulla Periyar Dam on 10.11.2009 and passed the order that,
“As the case involves the resolution of said questions, the suit may be placed before the Hon’ble Chief Justice of India for necessary directions for placing it before a constitution Bench.
The contesting parties shall maintain status quo in respect of Mulla Periyar Dam as existing today. However, order of status quo will not be an impediment for the plaintiff (State of Tamil Nadu) to carry out maintenance and repairs for proper upkeep of the said Dam.”
26. The case was heard by five judges on 18.2.2010 and the Court directed Central Govt. to constitute an empowered Committee in this regard which would hear the parties to the suit on all issues that will be raised before them, and furnish a report, as far as possible, with in six months from their constitution.
27 Following the order of Hon’ble Supreme Court dated 29.02.2010, Centre (MoWR) has constituted an Empowered Committee vide Notification dated the 30th April, 2010. The Committee started its functioning and was to submit its report within six months period. Further, Supreme Court vide its order dated 20th September, 2010 has extended the term of Committee by a further period of six months. Therefore, implementing the said directions of the Supreme Court, the Central Government extends, the terms of Empowered Committee for a further period of six months w.e.f. 30th October, 2010 vide Notification dated the 28th October, 2010.
Current situation
In a rare unity in the Kerala assembly, the 141-member house unanimously passed a resolution that the central government should sanction a new dam to replace the leaking, masonry Mullaperiyar in Idukki district.
This is the third unanimous resolution passed by the Kerala assembly demanding a new dam. The first was passed in 1993 when K. Karunakaran of the Congress was the chief minister and the next came in 2009 when V.S. Achuthanandan of the CPI-M was heading the state government.
When Chief Minister Oommen Chandy read out the resolution that the only way to end the current impasse is a new dam and till that time the water level in the 115-year-old dam be reduced to 120 feet, it was welcomed by all members with the thumping of desks.
The three-and-half hours long debate saw members from both the treasury and opposition benches agreeing that the house was worried about the safety of the over a century old earthen dam as it could endanger the lives of over four million people in and around the five districts near it.
Leader of Opposition V.S. Achuthanandan went to the extent of demanding the resignation of Revenue Minister Thiruvanchoor Radhakrishnan for the remark made by Advocate General K.P. Dandapani in the Kerala High Court last week on the Mullaperiyar Dam.
It was reported in the media that Dandapani had said there was no relation between water level and the safety of the dam. He appeared before the cabinet and pointed out that he never said such a thing.
Kerala is worried that a strong earthquake might damage the dam and cause widespread destruction. It is seeking a new dam and has offered to fund and build it, but Tamil Nadu does not agree. Experts from Kerala side say if a quake strikes and the dam is damaged, over four million people and their property in districts of Idukki, Kottayam, Alappuzha, Ernakulam and parts of Thrissur would be washed away.
Kerala and Tamil Nadu have been at loggerheads over the dam, built under an 1886 accord between the then Maharaja of Travancore and the erstwhile British Raj. It is located in Kerala and its waters also serve Tamil Nadu.
Tamil Nadu wants the dam’s storage capacity to be increased by raising the dam height from 136 feet (41.5 metre) to 142 feet (43 metre) as the state’s irrigation needs have shot up.
Supreme Court tells Kerala, Tamil Nadu not to arouse people’s feelings
There is nothing serious, grave or emergent about the safety of the Mullaperiyar dam warranting our interference at this stage, the Supreme Court observed on 13.12.2011 and asked Tamil Nadu and Kerala not to arouse people’s feelings and create a fear psychosis.
The Empowered Committee, headed by the former Chief Justice of India, A.S. Anand, was looking into all aspects regarding the safety of the dam and no order was required at this stage, observed a five-judge Constitution Bench comprising Justices D.K. Jain, R.M. Lodha, C.K. Prasad, Deepak Verma and Anil R. Dave.
The Bench, however, said the apprehensions of Kerala regarding the safety of the dam could not be brushed aside since the water level in the dam had gone up beyond 136 ft on four days from November 26 to December 2, coupled with earthquakes.
The Bench made it clear to Tamil Nadu that it should maintain the water level at 136 ft.
The Bench was hearing applications filed by Kerala, to reduce the water level in the dam from 136 ft to 120 ft, and Tamil Nadu for deployment of CISF for protection of the dam and to pass an order to restrain Kerala Ministers and officials from making statements creating fear psychosis among the people about the safety of the dam.
Kalam favours armed forces for maintaining rivers, dams
Amid the friction between Tamil Nadu and Kerala over the Mullaperiyar dam issue, former President A P J Abdul Kalam on 14.12.2011 said the country cannot afford a civil war on water and suggested deployment of armed forces to maintain rivers and dams. “Water cannot be a (source of) conflict in India. India cannot afford a civil war on water… Indian rivers and dams have to be operated and maintained by army, navy or other armed forces for equitable distribution,” he said.
Mr. Kalam said chief ministers of Tamil Nadu and Kerala should reach for an amicable solution to the issue. “It is not wise to discuss the issue through media,” he cautioned. Strongly batting for interlinking of rivers, he said the country was “not prepared” to face natural disasters caused by floods. “India needs visionaries to launch a river linking project which may have to be completed in two decades and not a five year plan which will fit into politics…,” he said.
Later talking to reporters, he suggested a National Water Grid Management scheme which could be one of the mechanisms to resolve inter-state disputes. “Like national highways and the Central Power Grid, my suggestion is a National Water Grid Management (to resolve water disputes)…,” he said.
Kerala parties agree to call off stirs over Mullaperiyar
A day after the Supreme Court asked both Kerala and Tamil Nadu to cool tempers, major political parties of Kerala, including the Congress and the Left parties, on 14.12.2011 announced that they were calling off their respective agitations over the Mullaperiyar dam issue. Representatives of the parties said Prime Minister Manmohan Singh had assured them he would do his best to find an amicable solution to the issue over which political parties and organisations in Kerala and Tamil Nadu have been pitted against each other in recent weeks.
Dr. Manmohan Singh, who met an all-party delegation from Kerala at Parliament House, stressed on the need to create a conducive atmosphere in both States. He wanted politicians and others to restrain themselves as the Supreme Court was already seized of the matter, and not to do anything that might aggravate the situation. The delegation was led by Chief Minister Oommen Chandy and the former Chief Minister, V.S. Achuthanandan.
Tamil Nadu MPs’ protest
Meanwhile, a group of Congress MPs from Tamil Nadu, led by TNCC president K. Gnanadesikan and Dindigul MP N.S.V. Chithan, staged a demonstration near the Gandhi statue in the Parliament complex seeking deployment of the personnel of the Central Industrial Security Force in the Mullaperiyar dam area.
They also wanted the Centre to advise Kerala to allow an increase in the water level in the reservoir to 142 feet from the present 136 feet.
TN Assembly asks Kerala to amend Act for raising water level
The Tamil Nadu Assembly on 15.12.2011, in a special sitting, adopted a unanimous resolution, calling upon the Kerala government to make suitable amendments to the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 to enable the water level of the 116-year-old Mullaperiyar dam to be raised to 142 feet. Moved by Chief Minister Jayalalithaa, the resolution also asked the Kerala government not to create hurdles to the execution of the remaining strengthening measures for facilitating the water level to be raised to 152 ft eventually.
Mullaperiyar issue has sown the seeds of mutual distrust between people on either side of the 116-year-old dam, but nobody wants a harvest of hate.
Mullaiperiyar: Empowered Committee leave no stone unturned
The members of the Supreme Court-appointed Empowered Committee’s panel inspected the Vaigai Dam and an electricity sub-station at the Lower Camp on 25.12.2011.
Led by former Chief Justice of India A S Anand, the panel members — Justices A R Lakshmanan and K T Thomas, C D Thatte and K K Mehta — have been on a visit to the Mullaiperiyar dam and adjoining areas to file a report before the Supreme Court on how to resolve the dispute between Tamil Nadu and Kerala.
The Committee has been collecting details about the stability of the dam from December 21. On December 23 and 24, 2011, the expert committee visited Idukki dam, Periyar dam, baby dam and its adjoining ones. On 25.12.2011, the members reviewed the water outlets of the Mullaiperiyar dam in TN.
Chief Engineer of Kerala Irrigation Department P Lathika, Periyar Dam Committee member James Wilson, Tamil Nadu Cauvery Technology Committee head Subramaniam, PWD Chief Engineer Rajagopal, Periyar-Vaigai Chief Engineer Sampath Kumar and others accompanied them.
The team inspected the smaller dams, Iraichal Palam and pipes for pumping out water during emergency situations in the Kumily-Lower Camp forest area. The team members also examined Periyar Hydraulic Power Station at the Lower Camp. As the dam was constructed using the surkhi ( a mixture containing burnt brick powder), the expert committee also took samples of limestone near the Lower Camp.
While inspecting the Vaigai dam, the committee opened the shutters to check their functioning and interacted with the engineers to know about the water outlets. The team also reviewed the Madurai-Sedapatti water supply system near Muthalakampatti and Peranai at Nilakottai near Dindigul.
Honour Supreme Court’s Verdict
In her memorandum dt 25.12.2011, Tamil Nadu Chief Minister Ms. Jayalalithaa urged Dr. Singh to advise the Kerala government to honour the Supreme Court’s February 27, 2006 order, allowing the raising of the water level initially from 136 to 142 feet. She sought his intervention to make appropriate amendments to the Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
Ms. Jayalalithaa said Dr. Singh should advise Kerala not to venture upon the construction of a new dam, since the retrofitted dam was safe and functioning well. Besides asking for the deployment of the Central Industrial Security Force and removal of all encroachments in the leased area, she said the Prime Minister should order the National Disaster Management Authority to withdraw its notification forming a team of experts to prepare a contingency response plan.
May consider security for Mullaperiyar dam
Prime Minister Manmohan Singh on 26.12.2011 reportedly assured DMK that the Centre might consider providing security cover to Mullaperiyar dam over which Tamil Nadu and Kerala are locked in a raging row. According to Karunanidhi, Singh also said the Centre might examine the possibility of protecting the dam by itself. The DMK had earlier requested the chairman of the Supreme Court-appointed Empowered Committee on the dam issue to deploy Central Industrial Security Force (CISF) at the reservoir site, instead of Kerala police.
Mullaperiyar, Idukki dams safe, experts tell panel- 3.01.2012
Allaying the apprehensions of the people of Kerala and Tamil Nadu, the two technical experts of the Supreme Court appointed-Empowered Committee (EC) on 3.01.2012 informed the Committee that the recent tremors in that region did not have any impact on the Mullaperiyar and Idukki dams and that the dams were safe.
The two members — the former Secretary to the Union Ministry of Water Resources, C.D. Thatte, and retired Chief Engineer, Central Water Commission, D.K. Mehta — had inspected all the dams in and around the Mullaperiyar catchment area to ascertain their safety in the wake of the recent earthquakes.
The inspection came after Kerala filed an application seeking to bring on record the recent earthquakes and pleading for an oral hearing. The Committee had asked two of its members to conduct an on-the-spot inspection and submit a report.
The report was submitted to the EC’s head, the former Chief Justice of India, A.S. Anand. The other members on the Committee are retired Supreme Court Judges K.T. Thomas (representing Kerala) and A.R. Lakshmanan (representing Tamil Nadu).
At the meeting on 3.01.2012, the EC considered the report and the objections raised by Kerala during the inspection of the dam. The report concluded that the tremors did not have any impact on the Mullaperiyar dam and there was no danger to its safety.
The Committee took serious exception to the objection raised by Kerala that the views of the two members could not be construed as the views of the EC. It was pointed out that the EC had passed a resolution at an earlier meeting authorising the two technical members to carry out the inspection. The procedure adopted by the members could not be faulted by the Kerala government, it said.
The EC also considered the reports, studies and investigations conducted by various agencies constituted by it to go into the safety of the Mullaperiyar dam. The various tests and studies undertaken by the Committee are: scanning the up-steam face of the dam using remote-operated vehicle and digital camera by the Central Soil and Materials Research Station (CSMRS), Delhi; non-destructive test by the Central Water and Power Research Station (CWPRS), Pune; cable anchor stress test; study by the Geological Survey of India; bathymetric survey by the CWPRS; material testing by the CSMRS and the CWPRS; seepage study by the Bhabha Atomic Research Centre (BARC); flood study by the Central Water Commission (CWC); testing of the cores by the CWPRS/ CSMRS; in situ tests and stability check, both by the CWPRS; and checking of measuring instruments used in the dam.
The panel will meet again on January 24 and 25, 2012 to consider the modalities of finalising its report to be submitted to the Supreme Court, as its term ends in February, 2012.
The panel once again rejected Kerala’s request for copies of reports of various agencies, stating that such a request had already been rejected.
Jayalalithaa announces memorial for engineer, J. Pennycuick who built Mullaperiyar
Amid the simmering Mullaperiyar dam row, Tamil Nadu government on 8.01.2012 announced setting up of a memorial for British engineer Major (later Colonel) J. Pennycuick , who had constructed the dam at Lower Camp in Theni district over 116 years ago.
“I am happy to announce that a memorial to thankfully remember Cuick will be built at a cost of Rs. one crore and over 2500 sq ft at the Tamil Nadu Electricity Board premises in Lower Camp. Upon its completion, Cuick’s grandson will be invited for its inauguration,” Chief Minister Jayalalithaa said in a statement here, adding a statue of the engineer will also be installed there.
Since the dam has been functioning well and will remain strong for many hundred years more, people from the southern districts had placed a demand for constructing a memorial for Cuick to show our gratitude,” Ms. Jayalalithaa said.
By constructing the dam, “Cuick’s name had been etched in the hearts of the local people. The proposed initiative will be a fond remembrance of a man who paved the way for the prosperity of south Tamil Nadu,” she said.
Kerala sticks to stand on Mullaperiyar – 27.01.2012
Sticking to its stand on building a new dam in place of the 116-year-old Mullaperiyar reservoir, Kerala on 27.01.2012 said it is aware of the importance of giving water to five parched districts of Tamil Nadu, but is concerned over the safety of its people. “We know very well the importance of water from Mullaperiyar to Tamil Nadu. The five districts of Tamil Nadu are completely depending on water from Mullaperiyar. We are always for distribution of water without any objection,” Kerala Chief Minister Oommen Chandy told reporters in Chennai.
At the same time, Mr. Chandy said his government “is very much anxious” about the safety of the people of his State and the dam issue could be discussed by the two States to find an amicable solution. The Chief Minister said Kerala wanted to maintain cordial ties with Tamil Nadu.
Kerala earmarks Rs. 50 crore for new Mullaperiyar dam – 19.03.2012
Kerala Finance Minister K.M. Mani has earmarked Rs. 50 crore in the 2012-13 budget for construction of a new dam at Mullaperiyar.
Presenting the budget in the State Assembly on 19.03.2012, Mr. Mani said that the new dam would be constructed 1,300 metres downstream from the existing dam.
Kerala and Tamil Nadu, it may be recalled, have been engaged in a protracted court battle.
Mullaperiyar dam structurally & hydrologically safe: Panel
Setting at rest the controversy over the safety of the 116-year-old Mullaperiyar dam, the Empowered Committee, headed by the former Chief Justice of India A.S. Anand, has said it is “structurally and hydrologically safe, and Tamil Nadu can raise the water level from 136 to 142 feet after carrying out certain repairs.”
In its report submitted to the Supreme Court on 25.04.2012, the committee is understood to have said: “The dam is seismically safe.” Last year’s earth tremors in that region “did not have any impact on the Mullaperiyar dam and the Idukki reservoir and there was no danger to the safety of the two dams.”
The committee’s conclusion is expected to bring relief to both Kerala and Tamil Nadu after apprehensions were raised on the Mullaperiyar dam’s safety following mild tremors in that region. The committee gave its findings on the basis of the reports, studies and investigations conducted by various agencies constituted to go into the safety aspects. The committee was set up in February 2010 during the course of arguments on Tamil Nadu’s suit questioning the law enacted by Kerala to restrict the water level in the dam to 136 ft.
On Kerala’s demand for construction of a new dam, the Empowered Committee said that in view of the age of the existing reservoir, building a new one could be considered as an alternative proposal. If a new dam was constructed, the maximum water level (MWL) should be fixed at 155 ft and a fresh agreement signed between the two States on water sharing and maintenance.
Dissenting note
While Justice K.T. Thomas, retired Supreme Court judge representing Kerala on the committee, gave a dissenting note and said water level in the existing dam should not be raised above 136 feet, Justice A.R. Lakshmanan, retired Supreme Court judge representing Tamil Nadu, opposed the proposal for a new dam saying it was not necessary.
The committee framed five main issues: “Which strengthening measures as suggested by the CWC [Central Water Commission] have already been carried out by Tamil Nadu for the dam, each of the two: the main and baby dam components, to ensure its safety and stability based on the investigations so far carried out? Which remaining measures from amongst those suggested by the CWC are yet to be carried out by Tamil Nadu for the safety and stability of the dam and when will they be undertaken and completed? Should the reservoir level be raised from 136 ft.? If yes, what further measures for strengthening the existing dam do the two parties envisage to allow the raising of reservoir level to 142 ft. and beyond?”
Kerala proposed additional issues: “What are the needs of Tamil Nadu in the waters in the existing Mullaperiyar dam? Does Tamil Nadu suffer any injury, if the storage is not raised beyond 136 ft? Does the MWL go beyond 155 ft. submerging the lands which are not part of the Lease Deed of 1886? If so, to what extent? Will increase of storage beyond 136 ft. prejudicially affect the environment, ecology and biodiversity? Will the downstream Idukki dam collapse if the Mullaperiyar dam breaks? What will be the consequent loss of lives and property to both States?; What benefits would accrue to both States from the diversion of Periyar waters, under the alleged Lease Deed of 1886 and the supplemental agreements of 1970? Is Periyar an inter-State river?”
The Empowered Committee, which includes the former Secretary to the Ministry of Water Resources, C.D. Thatte, and the retired CWC Chief Engineer, D.K. Mehta, has answered all the issues in its 250-page report.
The case comes up for further hearing before a five-judge Constitution Bench on May 4, 2012.
Watch for more. To continue …..
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