Relevance: GS-3:Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers and Finances up to Local Levels and Challenges therein.

Key Phrases: Perennial, supervisory committee, structural safety, gravity dam, Periyar National Park, Periyar River, Central Water Commission, gate operating schedule

Why in News?

• The Supreme Court has recently said that it is keen to end the “perennial” court battles between neighboring Tamil Nadu and Kerala over the 126-year-old Mullaperiyar dam.
• This dam is a lime-and-mortar structure which is a source of water for one State and said to be a reservoir of danger during monsoon for another.
• The court has also cleared that it wants to strengthen and widen the ambit and responsibilities of its supervisory committee by including two technical experts and making it primarily in charge of the maintenance and structural safety of the dam.
• The supervisory committee would direct Tamil Nadu and Kerala to do the necessary safety work within a reasonable time and the Chief Secretary of the respective state would be held accountable and liable for contempt action in case of any delay by either Kerala or Tamil Nadu to comply with the committee’s directions.

About Mullaperiyar Dam

• The Mullaperiyar, a 123-year-old masonry gravity dam, is located on the confluence of the Mullayar and Periyar rivers in Kerala’s Idukki district on the Cardamom Hills of the Western Ghats.
  • The dam stands at the height of 53.66 metres and 365.85 metres in length.
• It was constructed between 1887 and 1895 by John Pennycuick and also reached an agreement to divert water eastwards to the Madras Presidency area (present-day Tamil Nadu).
• The Periyar National Park in Thekkady is located around the dam’s reservoir.
• It is operated and maintained by the Tamil Nadu for meeting the drinking water and irrigation requirements of five of its southern districts.
  • According to a 999-year lease agreement made during British rule the operational rights were handed over to Tamil Nadu.
• The dam intends to divert the waters of the west-flowing river Periyar eastward to the arid rain shadow regions of Tamil Nadu.
• Operated by: The dam is located in Kerala but is operated and maintained by the neighbouring state of Tamil Nadu.
• Tamil Nadu operates the dam: The dam is operated by Tamil Nadu following an 1886 lease agreement for 999 years. It was signed between the Maharaja of Travancore and the Secretary of State for India during British Rule.
• Lease Agreement Renewed: In the 1970s, the lease agreement was renewed by Tamil Nadu and Kerala. It gave the former, rights to the water from the dam, besides the authority to develop hydropower projects at the site. In return, Kerala receives rent from Tamil Nadu.

Issue:

• In 1979, problems erupted over the safety of the Mullaperiyar dam. It was claimed that a minor earthquake had resulted in the cracks in the dam.
• Consequently, the Central Water Commission decided that water level in the dam be brought down from the full reservoir level of 152 ft to 136 ft. It will enable Tamil Nadu to carry out dam strengthening works.
• By the 1990s, Tamil Nadu started demanding restoration of the water level in the Mullaperiyar dam as it completed the task assigned to it. When no consensus was reached through negotiations, the Supreme Court was approached.
• In 2014 as per directions of the Supreme Court, the Ministry of Jal Shakti constituted a three-member Supervisory Committee.
• The committee has been asked to address the three core safety issues
  • Monitoring and performance of the instrumentation of the dam,
  • Finalizing the ‘rule curve’ and
  • Fixing the gate operating schedule — and submit a compliance report in four weeks.

SC 2014 Judgement

• The Supreme Court declared unconstitutional the law passed by Kerala in 2006, constituting the Dam Safety Authority to prevent the State from raising the water level in the Mullaperiyar dam from 136 ft to 142 ft.
• Judgement restrained Kerala from enforcing its law on Tamil Nadu.
• By enacting the law and fixing the storage height of the dam at 136 ft, Kerala had nullified the 2006 judgment and usurped judicial power and thus interfered with the judicial functioning.
• The Bench appointed a three-member committee with chairman of the Central Water Commission as the chairperson and representatives from the States of Kerala and Tamil Nadu to supervise and ensure that the water level in the Mullaperiyar dam was raised up to 142 ft.

Present Situation:

• Supreme Court in 2021, directed Supervisory Committee on Mullaperiyar Dam to address on three core issues i.e. instrumentation plan of the dam, the rule curve & the gate operation schedule/reservoir operation plan.
• Accordingly, the State of Tamil Nadu has submitted their report on the proposed Rule Curve, Gate Operation Schedule and Instrumentation Plan for Mullaperiyar Dam, and State of Tamil Nadu has submitted their report on proposed Rule Curve for Mullaperiyar Dam to the Supervisory Committee.
• The Report on Rule Curve prepared by State of Tamil Nadu in consultation with the Central Water Commission is as per the ruling of Hon’ble Supreme Court and is being recommended by CWC for kind consideration of Hon’ble Supreme Court.
• The Gate Operation Schedule and Instrumentation Plan for Mullaperiyar Dam as submitted by State of Tamil Nadu was also discussed with State of Kerala in the meeting held in 2021 and they were found generally in order. However, State of Kerala has expressed their dissent on the reports submitted by State of Tamil Nadu.

Sources: The Hindu  Hindustan-Times    Deccanchronicle

Mains Question:

Q. Recently Supreme Court has decided to end the Mullaperiyar Dispute amicably. In this context discuss the relevance of Mullarperiyar Dam and the issues related to it, also mention the steps taken by judiciary and governments to solve this dispute?