Summary
A public-interest petition sought assessment and decommissioning measures concerning Mullaperiyar Dam. Maintaining the binding earlier safety directions, the Court ordered additional central and State disaster-management subcommittees and specific preparedness planning. It expressly disclaimed any inference that these directions indicated doubt about the dam’s safety or lifespan.
Issues
- Whether additional disaster-management arrangements were required despite the existing binding dam-safety directions.
Provisions considered
- Sections 2(d)–(e), 11(3), 23(4) and 31(3), Disaster Management Act, 2005The definitions and national, State and district planning provisions supported preparedness at different levels and a dedicated State-plan dispensation. (¶¶ 13–18, 23)
Held
- The earlier larger-Bench dam-safety directions remained binding. Independently, the States had a duty to create confidence through concrete measures protecting life and property against unpredictable disaster. (¶ 22)
- The Centre was directed to constitute a separate subcommittee under section 9, and Kerala and Tamil Nadu separate subcommittees under section 21, for high-level preparedness concerning Mullaperiyar Dam. Dedicated State planning and harmonious coordination with the central subcommittee were required; these bodies were additional to existing committees. (¶ 23)
- The additional disaster-management directions did not suggest any doubt regarding the dam’s safety or lifespan and did not order its decommissioning. (¶ 24–25)
Result
Writ petition disposed of with directions for additional disaster-management subcommittees and preparedness planning; no costs.