Summary
In pending Mullaperiyar Dam safety proceedings, the Court addressed the transition to the Dam Safety Act, 2021 framework. Exercising Article 142, it strengthened the existing Supervisory Committee with one technical expert from each State and entrusted it with NDSA functions and powers concerning the dam until the regular Authority became fully functional. It required cooperation and logistical support, a fresh safety review and a compliance report. This was expressly an interim arrangement; other reliefs remained pending.
Issues
- What interim oversight should protect Mullaperiyar Dam safety pending full functioning of the regular National Dam Safety Authority.
Provisions considered
- Sections 8, 9 and first proviso to Section 24(1), Dam Safety Act, 2021The statutory Authority’s role informed the functions and powers temporarily entrusted to the reconstituted Supervisory Committee. (¶¶ 3, 6-12, 16-20)
- Article 142, Constitution of IndiaUsed to strengthen the Committee and confer interim functions and enforcement powers for Mullaperiyar Dam safety. (¶¶ 8-10, 12-20)
Held
- Until the regular NDSA became fully functional, the existing Supervisory Committee was to continue, strengthened by a technical expert from Kerala and one from Tamil Nadu, nominated within two weeks. Absence of a State nomination would not prevent its functioning. (¶¶ 6-10, 19-20)
- In addition to its earlier Court-assigned duties, the reconstituted Committee was to discharge NDSA functions under Section 9 and exercise its powers concerning Mullaperiyar Dam, including enforcement of its directions. It was accountable for the dam’s safety during that interim period. (¶¶ 10, 12, 16, 20)
- The Committee was to decide outstanding safety matters and conduct a fresh safety review, with power to frame appropriate terms of reference. Tamil Nadu could raise pending works, and locals could submit representations for timely examination. (¶¶ 11, 14, 18)
- The Union Ministry had to provide logistical assistance. The concerned Chief Secretary was personally responsible for implementing Committee directions when operational issues arose, including funds and logistical support. Both States had to cooperate and comply within prescribed time. (¶¶ 13, 15-16)
Result
Interim directions issued. The matters were listed for 11 May 2022 for the Committee’s compliance-cum-status report and consideration of other reliefs. Parties and the Committee could apply earlier in an exigency. No final disposal of the substantive proceedings was ordered.