Mullaperiyar: SC raps Kerala,warns of ‘serious consequences’

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.

Denying that the legislation was intended to circumvent the apex court’s order,Kerala government counsel said it had to come up with the legislation as it was concerned with the safety of its people. At this,Justice Jain said: “This court is equally concerned with the safety of the people. The court had taken all the facts and concerns expressed by the two parties before passing the decree.”

The court asked Kerala whether it favoured the idea of having an “independent mechanism” in the form of an expert body which would monitor the dam’s functioning. The counsel for the state said he would seek instructions from the government and report back.

Kerala’s case is that the existing structure had outlived its utility and would collapse any day. Relying on various voluminous documents and experts’ reports,the apex court had earlier rejected Kerala’s plea and permitted Tamil Nadu to raise the water level in the dam. The legislation passed by Kerala has now been challenged by Tamil Nadu.