NEW DELHI: The Supreme Court on Monday decided to consider a plea to decommission the British era Mullaperiyar Dam in view of the safety of human lives, and to find a viable solution to ensure the continued supply of water to the State of Tamil Nadu.
The PIL has named the Centre, the Tamil Nadu and Kerala governments and the National Disaster Management Authority as respondents
A bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran issued notice to the Centre and governments of Tamil Nadu and Kerala, and also the National Disaster Management Authority (NDMA), on the plea for construction of a new dam to replace the Mullaperiyar in view of apprehension over its safety and structural stability.
The plea filed by NGO Save Kerala Brigade, represented by senior advocate V Giri.
The counsel submitted that there is a need for a new dam in the region, as the lives of around 10 million people, who lived downstream, were at risk.
The bench, initially felt that some directions could be issued to strengthen the dam of the British era.
"What exactly is the problem? If another dam is constructed, then probably Tamil Nadu will say the lease will go," the court asked.
Giri said that the present dam is built with surky and that seismic activities have increased in the region. The bench noted that it is one of the oldest dams. The bench was informed that it is over 120-years-old.
The court opined that the matter may be examined by an expert body to assess safety aspects and the feasibility of constructing a new structure.
However, after hearing arguments, the bench decided to issue notice on the plea.
The plea contended that Mullaperiyar Dam has far exceeded its lifespan envisaged by its engineers and builders. It is a pertinent fact that the dam is in its 121st year, having exceeded double the lifespan originally intended for it by its builders, it said.
The petitioner said the matter concerned the agony of a population living in constant fear and peril of an imminent deluge from floods coming out of an ageing dam.
The plea said contesting states due to the populist agenda failed to consider that floods and earthquakes are a real threat from the old dam.
"Because though Mullaperiyar dam is a masonry dam, its construction is actually as a composite dam. The inner core (62 per cent) of the dam was constructed with hydraulic lime surky mix and its upstream and downstream sides with rubble masonry," it contended.
It claimed lime surky concrete is a very inferior concrete which constitutes almost 2/3 of the dam's core.
This concrete categorised as M5 is much lower strength compared to M30 being used for major dam constructions like Idukki Arch dam downstream Mullaperiyar. M30 concrete has almost 6 times strength than lime surky concrete used in Mullaperiyar dam, it said.
The plea said the seepage in Mullaperiyar dam was approximately 90.39 litre per minute 10 years back. "There is leakage at the surface and gallery. There is a leak at the gallery in between the 17th and 18th block. The legislature sub committee has examined the gallery in between the 10th and 11th block and found that there is leakage," it added.
The plea said earthquakes and seismic activities had not been figured in when Mullaperiyar dam was constructed a century back.
It stated that situations have since changed and the area has several geological fault lines, 20 earthquakes had occurred from July 26, 2011, in the said area.
"Failure of Mullaperiyar dam would unleash unimaginable force stronger than an earthquake, and the force would be transferred to the dams of Idukki Project-Idukki, Cheruthoni and Kulamavu. Kulamavu dam was the weakest of these dams," the plea said.
Disclaimer: This content is produced and published by LawStreet Journal Media for informational purposes only and does not constitute legal advice. The views expressed are independent of any legal practice of the individuals involved.
