The Supreme Court on Thursday rapped the Kerala government for passing a legislation, which in a way circumvented its earlier judgment permitting Tamil Nadu to raise the water level of Mullaperiyar dam from existing 136 to 142 feet.

The three-member bench comprising Justices D K Jain, Mukundakam Sharma and R M Lodha were categorical when it observed that if states start passing laws to bypass judgments, it would have “serious consequences”. The court wondered what would be the sanctity of the country’s highest court if states were not willing to abide by its orders.

The two states have been locked in a legal fight over the dam.

“If every state in inter-state dispute sought enacting a legislation not to give effect to our judgment, it would have serious consequence,” the bench remarked.

“When this court said that Tamil Nadu can raise water level up to 142 feet, can you (Kerala) nullify it by enacting a legislation and fixing the water level at 136 feet?” it asked senior counsel Rajiv Dhawan appearing for Kerala. “What is the sanctity of the Supreme Court if its judgments are not implemented,” it asked.

According to Tamil Nadu, the Kerala Irrigation and Water Conservation Amendment Act 2006 was enacted within a few days of the judgment on February 27, 2006, to nullify it.

Though the apex court had ruled that Tamil Nadu had the right to enhance the water level up to 142 feet, the Act sought to restrict the level up to 136 feet.

... contd.