Thiruvananthapuram (Kerala) [India], August 10 (ANI): Tamil Nadu Chief Minister M K Stalin on Tuesday promised his Kerala counterpart Pinarayi Vijayan that the Mullaperiyar dam will not open and release water without prior notice.
Chennai (Tamil Nadu) [India], August 7 (ANI): AIADMK coordinator and former Tamil Nadu Chief Minister O Panneerselvam on Sunday urged the state government to maintain the water level at the Mullaperiyar dam at 142 feet as per the Supreme Court order.
New Delhi [India], April 8 (ANI): The Supreme Court on Friday issued various interim directions and said that the reconstituted supervisory committee of the Mullaperiyar Dam can carry out all the statutory functions until a regular authority is established.
New Delhi Mar 31 PTI The Dam Safety Act 2021 which is a much wider statutory scheme has come into force and its provisions may be a way for resolution of impasse in the matter pertaining to the 126-year-old Mullaperiyar Dam the Supreme Court was told on Thursday The apex court asked the Centre to file a note detailing the time frame and also when the National Dam Safety Authority envisaged under the 2021 Act would be functionalA bench headed by Justice A M Khanwilkar is hearing the pleas raising issues pertaining to the Mullaperiyar Dam which was built in 1895 on the Periyar river in Idukki district of KeralaAdditional Solicitor General ASG Aishwarya Bhati appearing for the Central Water Commission CWC and the supervisory committee told the bench about the Dam Safety Act 2021 and said the legislation has come into forceYour lordships may consider this is a much wider statutory scheme now in place and under this scheme the authority also has been notified There is a provision I will take your lordships through some of the relevant provisions and this may be a way for the resolution of the impasse that seems to have come Bhati told the bench also comprising Justices A S Oka and C T Ravikumar The ASG said the Act is for all dams but it also deals with peculiar position where the owner is in another state and the dam is situated in another stateShe argued that the National Dam Safety Authority will be the relevant authority for the purpose of Mullaperiyar dam issue Senior advocate Shekhar Naphade appearing for Tamil Nadu also referred to the 2021 Act All these issues which are being debated between the two states that authority is empowered to resolve all those issues Rather obliged to resolve all those issues the bench observed adding that the Act is very comprehensiveNow the Act is there The defined authority is there All issues in law must go to that authority Even the supervisory committee established by this court the efficacy of that will have to be now gone into the bench saidThe bench said it want the Centre to file a note giving the detailsYou file your note You have to define the specific time frame and when this authority will become functional so that it can effectively deal with the issues the bench told Bhati and posted the matter for hearing on April 5On March 24 the top court had suggested to Tamil Nadu and Kerala that issues regarding structural safety of the Mullaperiyar dam can be left to be dealt with by the supervisory committee which can be strengthenedDuring the hearing in the pre-lunch session on Thursday senior advocate Jaideep Gupta appearing for Kerala told the bench We could not break the ice It is very unfortunate Naphade saidThe bench said it would pass order and the whole problem can be resolved by strengthening the mechanism which is existingWhen Naphade referred to the Dam Safety Act the bench said it would consider this aspect alsoLater during the hearing in the post-lunch Bhati told the bench about the 2021 ActOn March 29 the apex court had said that it would hear the Mullaperiyar dam matter on March 31 after the Tamil Nadu government informed it that they have had some dialogue on the issue which is going on The top court had earlier observed that issue raised by Kerala which has said that process for setting up a new dam in the downstream reaches of the existing dam should start can be debated discussed and resolved by the supervisory committee which can make its recommendation on thisThe counsel appearing for Kerala had last week told the bench that the process for setting up a new dam in the downstream reaches of the existing dam should start and the upper rule level of Mullaperiyar Dam should be 140 feet and not 142 feetThe Kerala government had earlier told the apex court that no amount of rejuvenation can perpetuate the dam and there is a limit to the number of years one can keep dams in service through maintenance and strengthening measuresIn its response to the affidavit filed by Kerala the state of Tamil Nadu had earlier said that repeated assertion of Kerala and petitioners from there in the pleas filed from time to time seek to decommission of the existing dam and construction of a new dam which is wholly impermissible in the light of the apex court verdict on the safety of the damThe dam has been found to be hydrologically structurally and seismically safe Tamil Nadu had said PTI ABA SA
New Delhi Mar 23 PTI The Supreme Court Wednesday said it is not deciding about the distribution of water as the issue is regarding safety of the 126-year-old Mullaperiyar dam and the first question to be addressed is what quantity of water the reservoir can withstandWhile hearing arguments on the pleas which have raised issues pertaining to the dam which was built in 1895 on the Periyar river in Idukki district of Kerala the apex court said that rule curve may be the most crucial issue for deciding about safety of the damThe counsel appearing for Kerala told a bench headed by Justice A M Khanwilkar that the process for setting up a new dam in the downstream reaches of the existing dam should start and the upper rule level of Mullaperiyar dam should be 140 feet and not 142 feetSenior advocate Jaideep Gupta appearing for Kerala told the bench that the issue is not about sharing of water but it relates to the safety of the damFrankly we are not here deciding about the distribution of water That is very clear The only issue is about safety of dam The first question to be addressed is this dam can withstand what quantity of water That quantity is defined in the form of rule curve said the bench also comprising Justices A S Oka and C T RavikumarGupta argued that Kerala is before the apex court saying that the dam is not safe as it standsThe bench said the state has broadly raised four points -- height of water level release of water and modalities for that modernisation of the instrumentation and regular supervision and maintenance of the damThe states counsel said there are one or two other issues and Kerala has suggested that the supervisory committee should be re-constituted and its functions should be expandedGupta said they have suggested that both states Kerala and Tamil Nadu should have their technical members in the committeeHe said the other long standing issue as far as Kerala is concerned is that the process for setting up a new dam has to startThe bench observed that the central governments presence is essential for thatIt is our submission that the correct remedy in the long term is construction of a new dam just downstream Gupta said adding Once the dam is ready the existing dam can be discontinued and the new dam will take over He said the instrumentation is inadequate and what is there is not functioningInstrumentation is the only way to track the safety of a dam he said during the hearing which would continue on ThursdayAs I said the dispute is not relating to sharing of water It is relating to dam safety Kerala is before your lordships saying that the dam is not safe as it stands Safety depends upon the height of the water in the reservoir There are very factors Gupta saidHe said the peak level should be 140 feet and not 142 feet as at the peak of monsoon if the level is kept at 142 feet and the monsoon continues it goes beyond 142 feetThe bench observed that this issue of upper level has been considered by the apex court earlierIf it is decided unless there is change in circumstances why it needs to be changed the bench askedKeralas counsel said there is change in circumstances according to them and the climate change which is seen in the region is one of them140 feet is the correct level Two feet cushion has to be kept he said adding that climate change problem is very critical and from 2017 the rainfall pattern in the area has changedNow this aspect has to be taken into consideration in deciding whether everything that was decided in the past is to remain or we should look at something he saidKeralas counsel told the bench that after all this is not between two the states as we are all citizens of India and if even one citizen of India is in danger then whoever will be the authority will be concerned At the outset the bench said this is not an adversarial litigation and what are the issues that really needs to be addressed have to be seen and gone intoWe are not going to decide here political issues the bench saidIt said all the parties before it in the matter will be heard The Kerala government had earlier told the apex court that no amount of rejuvenation can perpetuate the dam and there is a limit to the number of years one can keep dams in service through maintenance and strengthening measures It had said the only permanent solution for removing the eternal threat owing to the safety concerns of the dam and for protecting the safety of lakhs of people living the downstream of Mullaperiyar dam is to build a new dam in the downstream reaches of the existing damIn an affidavit filed before the apex court the Kerala government had urged that the proposal to fix the upper rule level of Mullaperiyar dam at 142 feet on September 20 as formulated by Tamil Nadu may be avoidedIn its response to the affidavit filed by Kerala the state of Tamil Nadu had earlier said that repeated assertion of Kerala and petitioners from there in the pleas filed from time to time seek to decommission of the existing dam and construction of a new dam which is wholly impermissible in the light of the apex court verdict on the safety of the damThe dam has been found to be hydrologically structurally and seismically safe Tamil Nadu had said PTI ABA SA
New Delhi Mar 22 PTI The Supreme Court Tuesday said it would not issue notice on the fresh petition filed in the matter pertaining to the 126-year-old Mullaperiyar dam as all the broad issues are already there in the main matter and it will consider themA bench headed by Justice A M Khanwilkar adjourned the hearing on the pleas after the counsel appearing for Tamil Nadu requested the apex court to take it up on Wednesday saying he intends to take instructions in respect of some documents which were filed by the other sideThe top court is seized of a batch of pleas raising issues pertaining to the dam which was built in 1895 on the Periyar river in Idukki district of KeralaThe bench also comprising Justices A S Oka and C T Ravikumar was told that a fresh petition has also been filed in the matter and the plea was listed for hearing on TuesdayNow we are not issuing any notice in any matter in the case The issue is already there All broad issues are there in the first matter We will consider it in the first matter itself the bench said adding the fresh plea will be listed along with the main matterAt the outset senior advocate Shekhar Naphade appearing for Tamil Nadu requested the bench to take up the matter for hearing on Wednesday saying the other side has served some documents to them this morning itselfAs requested by Mr Naphade not to be called out today as he intends to take instructions in respect of new documentsaffidavit filed by the other party which has been served on him today the bench saidThe bench observed it is willing to start hearing the matter right now but if there is some difficulty on one side the court has to accommodate all the partiesThe Tamil Nadu government had last month told the apex court that it is not justifiable to have a fresh review on the safety of the dam before carrying out the strengthening measures ordered by the top court earlierThe state had said this in its response to a status report filed in January by the Central Water Commission CWC and the supervisory committee which had said that a fresh review of the safety of the dam is now due and is required to be undertakenIn this water year 2021-22 water was stored in the dam at a level of 142 ft from November 30 2021 for about 18 days and all the parameters of the dam were found to be within limits Hence there is no ground or necessity to have a fresh review on the safety of the dam for storing water up to 142 ft now the state had saidIt had sought a direction to Kerala to cooperate and provide all necessary assistance in a time-bound manner so that the remaining strengthening and maintenance work as directed by the apex court in February 2006 and May 2014 as well as other decisions of the supervisory committee are implemented in letter and spirit during the next four months before the ensuing southwest monsoonIn a status report filed in the top court in January the CWC and the supervisory committee had said that aspects pertaining to the safety of dam were carried out during 2010 to 2012 by the empowered committee constituted under the directions of the apex court in 2010It had said the empowered committee based upon the investigations tests and studies carried out by apex national organisations and specialist expert agencies had concluded that Mullaperiyar dam was found to be safe in all respects -- hydrologically structurally and seismicallyOn January 11 the apex court had said that litigation about the dam is not adversarial as this is public interest litigation in the sense that safety security and health issues of the people staying around the dam are involved in the matterThe Kerala government had earlier told the apex court that no amount of rejuvenation can perpetuate the dam and there is a limit to the number of years one can keep dams in service through maintenance and strengthening measuresIt had said the only permanent solution for removing the eternal threat owing to the safety concerns of the dam and for protecting the safety of lakhs of people living the downstream of Mullaperiyar dam is to build a new dam in the downstream reaches of the existing damIn an affidavit filed before the apex court the Kerala government had urged that the proposal to fix the upper rule level of Mullaperiyar dam at 142 feet on September 20 as formulated by Tamil Nadu may be avoidedIn its response to the affidavit filed by Kerala Tamil Nadu had said that repeated assertion of Kerala and petitioners from there in the pleas filed from time to time seek to decommission of the existing dam and construction of a new dam which is wholly impermissible in the light of the apex court verdict on the safety of the damThe dam has been found to be hydrologically structurally and seismically safe Tamil Nadu had said PTI ABA SA
Thiruvananthapuram Feb 24 PTI The Kerala government on Thursday said it could not reach a consensus with neighbouring Tamil Nadu so far on the construction of a new dam in Mullaperiyar though it was one of its long-term demands and the matter would be raised again during the upcoming Chief Ministers meetingMinister for Water Resources Roshy Augustine told the Assembly that water for Tamil Nadu and safety for Kerala was the proclaimed stand of the state government in the Mullaperiyar issueThough we put forward the topic of the construction of the new dam in the secretary level meetings and the Chief Ministers meeting earlier it failed to reach a consensus The Kerala government has taken initiative to conduct a detailed discussion in this regard in the upcoming meeting of the Chief Ministers of the two states and arrive at an agreement which is acceptable to both parties he saidA detailed project outline was being prepared for constructing a new dam in Mullaperiyar ensuring that there would be no decrease in the existing amount of water drawn by Tamil Nadu and guaranteeing safety of the people of Kerala he said during the question hour sessionBased on the conditional nod given by the Union Ministry of Environment and Forest for the environmental impact study in 2018 Terms of References had been fixed and a Hyderabad-based company prepared a draft report after collecting detailsAfter making necessary modifications and corrections the company has been directed to submit the final report to obtain environmental clearance he addedBuilt in 1895 the Mullaperiyar dam is a bone of contention between Tamil Nadu which owns and operates it and Kerala where it is located PTI LGK ROH ROH
Thiruvananthapuram Feb 18 PT Amid opposition UDF sloganeering against him Kerala Governor Arif Mohammed Khan on Friday delivered the customary address to the Assembly with the policy document outlining the Left governments administrative achievements and criticising the Centre for allegedly pushing the state to financial constraints by reducing its resource allocations Khan who delivered the policy address marking the budget session of the Assembly underlined the significance of cooperative federalism and said that in recent times legislations by the Union government are taking place on subjects enumerated in the State and Concurrent Lists without effective consultation with the states This goes against the grain of cooperative federalism My government is of the opinion that this should not be a practice to be continued he said The budget session began on a stormy note with the opposition Congress-led UDF raising go back slogans against the Governor and staging a protest sit-in at the portal of the House after boycotting the proceedings As soon as the Governor entered the Assembly hall to deliver his customary policy address the opposition members started sloganeering and showed a banner and a series of placards which could be read like Government-Governor unholy nexus and that he signed the Lok Ayukta ordinance to protect Chief Minister Pinarayi Vijayan The Ordinance brought in by the Left government had kicked up a political storm in the state recently as opposition parties raised objections against it saying it would weaken the anti-corruption watchdog There was speculation that Khan who has been at loggerheads with the Pinarayi Vijayan administration on various matters might skip portions of the policy document of the state government criticising the BJP-led NDA government at the Centre However the Governor did not skip any such portion in his address which was boycotted by the Congress-led UDF alleging unholy nexus between him and the CPIM-led state government Later Leader of the Opposition V D Satheesan while talking to reporters accused Khan of acting like an agent of the Sangh Parivar When Satheesan tried to speak a visibly irritated Khan said it was not the time for protest Reminding him that the leader of opposition is a responsible person he said they have an Assembly session ahead of them where they can discuss everything Ignoring the intense sloganeering he also started reading the policy document Detailing the financial constraints faced by the state Khan said besides the revenue loss due to COVID Kerala has been facing severe cut in revenue from central transfers at present There has been a consistent decline in the State share provided from the divisible pool by successive Central Finance Commissions he said At the time of the 10th Finance Commission the State share was 38 per cent of the divisible pool By the 14th Finance Commission this had come down to 25 per cent and now the 15th Finance Commission award only permits 192 per cent he said Stating that the Union Budget has not accommodated any long-standing demands of Kerala he said the state government expects an early approval from the Centre for its ambitious K-Rail rail corridor project which found no mention in Nirmala Sitharamans recent budget Outlining the achievements of the LDF government he said the state has been at the forefront of areas like sustainable development health general education and so on The state government is effectively carrying out the vaccination drive to build herd immunity against Covid-19 in the society he said Enabling the citizens of the State to avail quality infrastructure for basic services of water electricity telecommunications and transport continues to be an area in which the state government is focusing its attention and identifying innovative projects he said On the multi-crore K-Rail project against which the opposition is leading a state-wide project he said it would provide a new environment-friendly transport mode compared to fossil fuel-based transportation and would be a green initiative that would catalyse employment and growth while enhancing the speed joy and comfort of travel Referring to the Mullaperiyar Dam issue Khan said as Kerala is committed to providing water to Tamil Nadu while safeguarding the lives of its people it has put forth the proposal to build a new dam in the place of the existing dam which is around a century and a quarter old The Governor also mentioned that the LDF government intends to revise the Housing Policy 2011 and would go ahead with the proposal of preparing a new curriculum based on the National Education Policy NEP 2020 It was significant to note that ruling members remained silent throughout his address as the usual thunderous thumping of the desks while mentioning the achievements of the government was missing this time It was generally viewed as a silent protest against Khan for creating high drama on the eve of the budget session by refusing to sign the policy document The Assembly witnessed the dramatic scenes a day after Governor Khan refused to sign the policy document of the CPIM-led LDF government expressing strong displeasure over a letter written by it against the appointment of a senior journalist-turned politician in a key post in the Raj Bhavan The issue was resolved after the government yielding to the Governors pressure replaced K R Jyothilal as principal secretary General Administration Department GAD with a senior civil servant It was Jyothilal who had written the letter on behalf of the government to the Raj Bhavan a few days ago citing the violation of prevailing conventions in the appointment of former BJP leader Hari S Kartha as Additional Personal Assistant to the Governor Leading the opposition members to rally out of the House complex later Satheesan told reporters that the Governor colluded with the Left government to carry out illegal and unconstitutional activities Khan yielded to the governments pressure in re-appointing the Kannur Vice Chancellor flouting norms and signed the Lok Ayukta ordinance despite the opposition repeatedly pointing out that the amendment was unconstitutional and illegal he alleged Though the UDF delegation requested him to send the ordinance for the Presidents assent the Governor colluded with the LDF government and signed it he said By signing the ordinance a day before the decision on the Assembly session was taken Khan had actually insulted the House Satheesan charged For the last few days the Governor is acting like an agent of the Sangh Parivar He is protecting the interests of the Sangh Parivar the senior Congress leader added He also criticised the Left government for removing Jyothilal as principal secretary yielding to the Governors pressure However the BJP state president K Surendraan came out against the UDF for raising slogans against the Governor saying through the act they brought disgrace to the people of the state Both the UDF and LDF were united in looting the state exchequer he alleged and said that the state government was pointing fingers at the Centre for covering up their own lapses and mismanagement The Centre allotted highest amount of funds to Kerala during the COVID time he claimed and said the state failed to use any of the assistance despite the GST compensation and other such aids were received on time PTI LGK SS SS
Thiruvananthapuram Feb 18 PTI Amid opposition UDF sloganeering against him Kerala Governor Arif Mohammed Khan on Friday delivered the customary address to the Assembly with the policy document outlining the Left governments administrative achievements and criticising the Centre for allegedly pushing the state to financial constraints by reducing its resource allocations Khan who delivered the policy address marking the budget session of the Assembly underlined the significance of cooperative federalism and said that in recent times legislations by the Union government are taking place on subjects enumerated in the State and Concurrent Lists without effective consultation with the states This goes against the grain of cooperative federalism My government is of the opinion that this should not be a practice to be continued he said There was speculation that Khan who has been at loggerheads with the Pinarayi Vijayan administration on various matters might skip portions of the policy document of the state government criticising the BJP-led NDA government at the Centre However the Governor did not skip any such portion in his address which was boycotted by the Congress-led UDF opposition alleging unholy nexus between him and the CPIM-led state government The budget session began on a stormy note with the opposition UDF raising go back slogans against the Governor Arif Mohammed Khan and staging a protest sit-in at the portal of the House after boycotting the proceedings As soon as the Governor entered the Assembly hall to deliver his customary policy address the opposition members started sloganeering and showed a banner and a series of placards which could be read like Government-Governor unholy nexus and that he signed the Lok Ayukta ordinance to protect Chief Minister Pinarayi Vijayan The Ordinance brought in by the Left government had kicked up a political storm in the state recently as opposition parties raised an objection against it saying it would weaken the anti-corruption watchdog Kerala witnessed high drama on Thursday the eve of the budget session as Khan initially refused to sign the policy document of the LDF government as a mark of displeasure over a letter written by it against the appointment of a senior journalist-turned politician in a key post in the Raj Bhavan Noting that the federal polity requires the Union and State governments to work together harmoniously to do justice to the people Khan in his address said in these difficult times all are committed to imbibe the principles of cooperative federalism and find areas of synergy and resolution Detailing the financial constraints faced by the state he said besides the revenue loss due to COVID Kerala has been facing severe cut in revenue from central transfers at present There has been a consistent decline in the State share provided from the divisible pool by successive Central Finance Commissions he said At the time of the 10th Finance Commission the State share was 38 per cent of the divisible pool By the 14th Finance Commission this had come down to 25 per cent and now the 15th Finance Commission award only permits 192 per cent he said The Revenue Deficit Grant is going to be reduced sharply in the coming Financial Year he pointed out It has been the practice of the Union government to give exemption to the direct taxes which fall in the divisible pool and to raise significant amount of revenue through cess and surcharges which are not in divisible pool he said This causes a huge fall in the share of resources due to the State Hence it is not just the reduction in states own revenue which causes the deficit but mainly the change in policy at the level of Union Government in devolving resources to the states that pushes the state government to financial difficulties he said Importantly while the fiscal deficit of the Union government is around 6 per cent the states deficits are restricted to 3 per cent This is unscientific as the expenditure obligations of the State are much higher than the Union and the spending has increased manifold due to the COVID related packages and assistance from the part of the State government he said Stating that the Union Budget has not accommodated any long-standing demands of Kerala he said the state government expects an early approval from the Centre for its ambitious K-Rail rail corridor project which found no mention in Nirmala Sitharamans recent budget Claiming that the climate of economic distress that currently prevails in the country was exposed by the recent farmers agitation against the farm legislation he said the stir was a reflection of acute deprivation among workers and farmers in rural and urban setting alike which necessitates immediate drastic intervention Outlining the achievements of the LDF government he said the state has been in the forefront of areas like sustainable development health general education and so on The state government is effectively carrying out the vaccination drive to build herd immunity against Covid-19 in the society he said Enabling the citizens of the State to avail quality infrastructure for basic services of water electricity telecommunications and transport continues to be an area in which the state government is focusing its attention and identifying innovative projects he said On the multi-crore K-Rail project against which the opposition is leading a state-wide project he said it would provide a new environment-friendly transport mode compared to fossil fuel-based transportation and would be a green initiative that would catalyse employment and growth while enhancing the speed joy and comfort of travel Referring to the Mullaperiyar Dam issue Khan said as Kerala is committed to providing water to Tamil Nadu while safeguarding the lives of its people it has put forth the proposal to build a new dam in the place of the existing dam which is around a century and a quarter old The Governor also mentioned that the LDF government intends to revise the Housing Policy 2011 and would go ahead with the proposal of preparing a new curriculum based on the National Education Policy NEP 2020 It was significant to note that ruling members remained silent throughout his address as the usual thunderous clapping at the desks while mentioning the achievements of the government was missing this time It was generally viewed as a silent protest against Khan for creating high drama on the eve of the budget session by refusing to sign the policy document The issue was resolved after the government yielding to the Governors pressure replaced K R Jyothilal as principal secretary General Administration Department GAD with a senior civil servant It was Jyothilal who had written the letter on behalf of the government to the Raj Bhavan a few days ago citing the violation of prevailing conventions in the appointment of former BJP leader Hari S Kartha as Additional Personal Assistant to the Governor PTI LGK LGK SS SS
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
