SC asks Kerala, Tamil Nadu to address on which committee will be ‘more effective’ to watch over Mullaperiyar dam

Supreme Court questions effectiveness of supervisory vs statutory committee for Mullaperiyar dam safety under Dam Safety Act of 2021.

The Supreme Court on Monday (January 20, 2025) orally asked the States of Tamil Nadu and Kerala to address it on whether the supervisory committee formed by the court would be more effective in taking care of the 129-year-old Mullaperiyar dam or the job must be given to a statutory committee envisaged under the new Dam Safety Act of 2021.

“Which one of these committees would be more effective? If it is the statutory committee under the 2021 Act, then we can avoid overlaps and avoid unnecessary problems,” Justice Surya Kant, heading a Bench, observed orally.

The court listed the case for hearing detailed submissions on February 19.

Section 5 of the 2021 Act mandates the constitution of the National Committee on Dam Safety. The Committee would be chaired by the Central Water Commission Chairperson and have representatives from the Centre and States and include three specialists in the field of dam safety and allied fields. The Committee’s crucial functions under Section 6 include evolving policy, guidelines and standards to prevent disasters related to dam failures and maintain safety standards.

Senior advocate Shekhar Naphade for Tamil Nadu said if there was an “honest desire to work out” on the part of both States, things would be resolved.

Mr. Naphade criticised that the intent of Kerala was to obstruct. Senior advocate Jaideep Gupta, for Kerala, said Tamil Nadu was owning a dam in Kerala and “they do not want to take care of it”.

Justice Kant said this issue was already resolved and the question now was on whether the supervisory committee of the Supreme Court or the statutory committee of the 2021 Act was the right entity to ensure the safety of the dam