IN THE SUPREME COURT OF INDIA
Decided On: 27.02.2006
Mullaperiyar Environmental Protection Forum
v.
Union of India (UOI) and Ors.
Hon'ble Judges:
Y.K. Sabharwal, C.J., C.K. Thakker and P.K. Balasubramanyan, JJ.
JUDGMENT
Y.K. Sabharwal, C.J
Regarding the issue as to the safety of the dam on water level being raised to 142 ft.from the present level of 136 ft, the various reports have examined the safety angle in depth including the viewpoint of earthquake resistance.
* The apprehensions have beenfound to be baseless. In fact, the reports suggest an obstructionist attitude on the part of State of Kerala. The Expert Committee was comprised of independent officers. Seismic forces as per the provisions were taken into account and structural designs made accordingly while carrying out strengthening measures.
* The final report of the Committee, set up by Ministry of Water Resources, Government of India to study the water safety aspect of the dam and raising the water level has examined the matter in detail.
* The Chairman of the Committee was a Member (D&R) of Central Water Commission, two Chief Engineers of Central Water Commission, Director, dam safety, Government of Madhya Pradesh and retired Engineer-in-Chief, UP besides two representatives of Governments of Tamil Nadu and Kerala, were members of the Committee. All appended their signatures except the representative of the Kerala Government.
* The summary of results of stability analysis of Mullaperiyar Baby Dam contains note which shows that the permissible tensile strength was masonry as per the specifications mentioned therein based on test conducted by CSMRS, Delhi on the time and agreed by all Committee members including the Kerala representative in the meeting of the Committee held on 9-10th February, 2001. It also shows the various strengthening measures suggested by CWC having been completed by Tamil Nadu PWD on the dam including providing of RCC backing to the dam. The report also suggests that the parapet wall of the baby dam and main dam have been raised to 160 ft. (48.77 mt.) except for a 20 mt. stretch on the main dam due to denial of permission by the Government of Kerala.
*Some other works as stated therein were not allowed to be carried on by the State of Kerala.
* The report of CWC after inspection of main dam, the galleries, baby dam, earthen bund and spillway, concludes that the dam is safe and no excessive seepage is seen and that Mullaperiyar dam has been recently strengthened. There are no visible cracks that have occurred in the body of the dam and seepage measurements indicate no cracks in the upstream side of the dam.
* Our attention has also been drawn to various documents and drawings including cross-sections of the Periyar dam to demonstrate the strengthening measures.
* Further, it is pertinent to note that the dam immediately in line after Mullaperiyar dam is Idukki dam. It is the case of State of Kerala that despite the 'copious rain', the Idukki reservoir is not filled to its capacity, while the capacity of reservoir is 70.500 TMC, it was filled only to the extent of 57.365 TMC. This also shows that assuming the worst happens, more than 11 TMC water would be taken by Idukki dam.
*The Deputy Director, Dam Safety, Monitoring Directorate, Central Water Commission, Ministry of Water Resources in affidavit of April 2004 has, inter alia, sated that during the recent earthquake mentioned by Kerala Government in its affidavit, no damage to the dam was reported by CWC officers who inspected the dam. The experts having reported about the safety of the dam and the Kerala Government having adopted an obstructionist approach, cannot now be permitted to take shelter under the plea that these are disputed questions of fact. There is no report to suggest that the safety of the dam would be jeopardized if the water level is raised for the present to 142 ft. The report is to the contrary