MULLAPERIYAR ENVIRONMENTAL PROTECTION FORUM Vs. UNION OF INDIA

JUDGEMENT

(1.) MULLAPERIYAR reservoir is surrounded by high hills on all sides with forest and is a sheltered reservoir. The orientation of the dam is such that the direction of wind in the south west monsoon would be away from the dam. It is said that for past 100 years, Tamil Nadu Government Officers have been approaching the reservoir during the flood season only from Thekkady side in a boat and have not noticed any significant wave action.

(2.) THE main question to be determined in these matters is about the safety of the dam if the water level is raised beyond its present level of 136 ft. To determine the question, we may first narrate factual background.

(3.) ON the other hand, the State of Tamil Nadu said that the apprehension voiced by the State of Kerala was totally ill-founded, baseless and incorrect and based on mere figment of imagination. CWC was the highest technical authority with the required expertise on the subject. It had inspected the dam in detail and found various allegations as incorrect and baseless. It also stated that an expert committee was constituted in pursuance of an order passed by this Court and a report was submitted in the year 2001. As per the report, water level deserves to be allowed to be raised upto 142 feet as an interim measure on taking certain steps and after execution of the strengthening measure in respect of Baby Dam, earthen bund and on completion of remaining portion, the water level could be allowed to be restored at FRL i.e. 152 feet. Unfortunately, however, the State of Kerala did not cooperate and did not allow increase of water level even upto 142 feet. It was stated that the committee consisting of experts considered the question and thereafter various recommendations were made and actions were suggested. It was, therefore, not open to the State of Kerala to refuse to cooperate and not to accept the suggestions and the recommendations of CWC. According to the State of Tamil Nadu, its prayer for raising water level upto 142 feet at the initial stage and 152 feet at the final stage deserves to be accepted. A Committee was constituted with terms of reference as under :