Panel on Mullaperiyar to submit report to court by the third week of February

Tamil Nadu wants it to maintain that dam will continue to serve its purpose

The Surpeme Court-appointed Empowered Committee indicated on Tuesday that it would submit a report on the Mullaperiyar dam to the court in February third week. At a meeting here, it discussed various technical reports on the dam's safety and strengthening measures.

The former Chief Justice of India, A.S. Anand, heads the committee. The other members are: Justice K.T. Thomas, retired Supreme Court Judge representing Kerala; Justice A.R. Lakshmanan, retired Supreme Court Judge representing Tamil Nadu; the former Secretary to the Ministry of Water Resources, C.D. Thatte; and D.K. Mehta, retired Chief Engineer, Central Water Commission.

The committee considered the reports of the studies and investigations conducted by various agencies it had constituted to go into the dam's safety. It also discussed the report of the two technical members who inspected the dam after Kerala raised apprehensions about its safety following mild tremors in the area. The committee discussed the applications filed by Kerala and Tamil Nadu and took their submissions on record.

It also discussed the modalities for finalising its report, as its term ends in February. It decided to meet in the middle of February for finalising the report.

Meanwhile, Tamil Nadu, responding to Kerala's application for a new dam, wanted the committee to maintain that in view of the overwhelming evidence on record on the dam's safety, the existing dam, which was retrofitted and well-maintained, would continue to serve its intended purpose, and that there would be no need for a new one.

Tamil Nadu rejected Kerala's assertion that notwithstanding the unanimous technical opinion, “a public authority [the empowered panel] is endowed with responsibility to take a final call on the replacement of a dam after considering the human factors, viz., the extent and nature of damage to life and property if the dam fails and [the] ecological considerations.” Tamil Nadu said Kerala had taken the extreme stand in desperation.

As for Kerala's stand that a new dam would guarantee the interests of Tamil Nadu, the application said: “In such an event, raising the issues of sharing of the benefits arising from the new dam would tantamount to raising disputes with regard to utilisation of water, the equitable needs of … Tamil Nadu and the equitable sharing of benefits between the two States, which are all outside the scope of the present suit and the inquiry before the empowered committee.”

Tamil Nadu said: “The present dispute is not a “water dispute” as sought to be twisted by … Kerala, but one relating to the constitutional validity of the Kerala Amendment Act, 2006, fixing the water level [at 136 feet] on the alleged pretext of the safety of the … dam. The contentions raised by … Kerala are only an attempt to get over the existing regime and to work out a new regime, which would take away the existing and established rights of … Tamil Nadu to all the waters below the contour line of +155 feet of the existing dam.”

It said Kerala's argument for the principle of just and equitable share and sharing of the benefits of the new dam would show that the “proposal is not bona fide and is only an attempt to get over the existing established rights of … Tamil Nadu to the waters of the Mullaperiyar, which is wholly impermissible. The assertion of … Kerala on sharing the benefits … is totally uncalled-for.”

The committee will continue its deliberations on Wednesday.

Supreme Court-appointed panel inspects Vaigai dam

Supreme Court-appointed Empowered Committee members inspecting Vaigai dam near Theni on Sunday. Photo: G. Karthikeyan

Kerala Irrigation Department engineers accompanied it

The Supreme Court-appointed Empowered Committee on Sunday inspected Tamil Nadu Hydel Power generation station at Lower camp and Vaigai dam as part of its inspection of Mullaperiyar dam here.

Kerala Irrigation Department engineers accompanied the panel during inspection.

The panel's main objective was to assess utilisation of water, including drinking water and irrigation purposes, and to inspect the ayacut areas.

The panel comprising C.D. Thatte and D.K. Mehta, first inspected the Four Bay dam and power station at Lower Camp near Goodalur and enquired with officials representing Tamil Nadu. Later, it inspected a limestone quarry, situated on the way to the Sri Mangaladevi Kannagi Amman Temple near Lower camp. (Limestones present at this site were used for construction of the Periyar dam 120 years ago).

The panel then checked the condition of the Vaigai dam. The members asked the officials to lift one of the main shutters to check the functioning of the electric-powered shutters. When they saw the flow chart of Vaigai dam, they enquired about distribution of water for irrigation and drinking water supply at various points.

The Tamil Nadu Public Works engineers, who accompanied the team, explained the flow chart and utilisation pattern of Vaigai dam water in five southern districts.

The officials said the water was used for irrigation of several lakh acres of land under its ayacut in Madurai, Theni and Dindigul districts and to fill tanks in Sivaganga and Ramanathapuram districts for irrigating several acres. The team also inspected the dam's tunnel to check seepage levels.

The team also visited Mudalakkampatti village and inspected the pick-up weir to study distribution of drinking water to Madurai city and for the Sedapatti drinking water scheme.

Mr. Mehta and Mr. Datte came to Dindigul district in the evening and inspected Peranai, one of the main drinking water supply sources to Dindigul, and many wayside villages.

House panel wants CMs under lokayukta

Chief ministers should be brought under the purview of anti-graft lokayukytas in all the states since their position is not identical to that of the prime minister, according to a key recommendation of the parliamentary panel examining the Lokpal Bill.

The parliamentary standing

committee on law and justice, headed by Abhishek Singhvi, has concluded that in case a situation arises where a chief minister is forced to step down on charges of corruption, it would not lead to any constitutional crisis unlike at the Centre.

"The committee believes that the position of the chief minister is not identical to that of the prime minister. The arguments for preventing instability and those relating to national security or the image of the country do not apply in case of a chief minister," the draft report said.

The panel has also recommended that the lokayuktas should be given power to recommend action against ministers, MLAs and the chief minister found guilty of involvement in an act of corruption.

“The competent authority to take action against the minister would be the CM, against the MLA it would be the presiding officer of the House (Vidhan Sabha or Vidhan Parishad) and for the CM it would be the governor," says the report.

Currently, lokayuktas exist in 17 of the 28 states and this year has seen a direct confrontation between the anti-graft watchdogs and state governments of Gujarat and Karnataka.

Keeping this in mind, the panel has asked the Centre to expand the scope of the Lokpal Bill and lay down uniform standards for appointment of lokayuktas in states. The panel pointed out that even in states where lokayuktas existed, "There had been examples of the post lying vacant for periods ranging from two months to eight years."

Justice Manmohan Sarin, the lokayukta of Delhi, had demanded more powers for the anti-graft watchdogs in states, saying the institution had been reduced to a "toothless" tiger.

"Lokayuktas can do no more than name and shame. There is an urgent need to bring uniformity in the appointments and powers of lokayuktas in all the states.”

Rejected by panel, hydro project gets ministry nod

A proposed hydro-project in Uttarakhand on the ecologically sensitive Alakananda river, which was rejected twice by the Forest Advisory Committee (FAC), has received the environment ministry's approval.

The FAC — a statutory body of experts under the Forest Conservation Act —

examines projects seeking diversion of forest land with regard to impact on ecology and decides whether it should be allowed. Its recommendations are not binding on the ministry. 

The project of GMR Energy Limited is planned in Chamoli district of Uttarakhand.

The committee had refused permission to the project on the ground that any development in the area will lead to “irreversible” damage to ecology and wildlife.

On May 30, the committee observed that the project is located in the buffer zone of Nanda Devi Biosphere Reserve, which houses the Nanda Devi National Park and the Valley of Flowers. “Both are UNESCO's World Heritage Sites,” the committee said.

It referred to a report by Dehradun-based Wildlife Institute of India, which said allowing the project will “seriously hamper” the movement of species such as the snow leopard and the brown bear.

In October, when the proposal was again brought for the consideration of the FAC, it refused approval, saying the Uttarakhand government has failed to bring any new facts necessitating revision of the May decision.

But on November 8, the environment ministry gave in-principle approval to the project without mentioning reasons for overruling the FAC’s decision. “After careful examination of the project, the central government hereby accords stage-I approval for diversion of forestland,” read the approval letter by HC Chaudhury, assistant inspector general of forest.

The letter has stipulated 25 conditions, only one of which is on wildlife, which says that the project proponent shall ensure that no damage is caused to the wildlife.

Most of the conditions laid out are regarding compliance of various government rules and regulations and does not say how the fragile ecosystem will be protected. The letter also says after receiving the compliance report of the 25 conditions, the Centre will issue the final approval.