DR. JOE JOSEPH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) During the pendency of these matters, a new law has been enacted by the Parliament titled "the Dam Safety Act, 2021 [for short, "the 2021 Act "] ", which has received assent of the President on 13/12/2021 and has been notified vide gazette dtd. 14/12/2021. As per the note filed by respondent No. 3, the appointed date for coming into force of the 2021 Act has been specified as 30/12/2021.

(2.) The 2021 Act deals with subjects which are broadly matters in issue in the present petitions such as surveillance, inspection, operation and maintenance of the Mullaperiyar Dam including for prevention of dam failure related disasters.

(3.) The 2021 Act predicates that multi-tier institutional mechanism be established for providing institutional mechanism to ensure the safe functioning of the concerned dam(s) and for matters connected therewith or incidental thereto. Sec. 5 mandates constitution of National Committee who is required to discharge functions delineated in Sec. 6 of the 2021 Act. For the purposes of surveillance, inspection, operation and maintenance of the dams such as Mullaperiyar Dam, which is the subject matter in these proceedings, the responsibility is fastened upon the National Dam Safety Authority [for short, "NDSA "] established under Sec. 8 of the 2021 Act. The functions of the Authority so established have been spelt out in Sec. 9 of the 2021 Act. Further, by virtue of the first proviso to Sec. 24(1) of the Act, the National Dam Safety Authority has also to act as the State Dam Safety Organisation for the purposes of this Act and to perform all duties and functions in relation to dam safety as relates the Dam in question.