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According to the written note, Kerala received the minutes of the meeting of supervisory committee at 6 PM on 26th October, “while the meeting took place at 3 PM”. Kerala had at 9 PM forwarded its dissent to the minutes, however the dissent did not find place in the minutes filed at the Court, the note states.

Government of Kerala in its written note filed in response to Mullaiperiyar Supervisory Committee has stated that the existing damn should be decommissioned in order to ensure water to Tamil Nadu and security to people living downstream.

This plea highlighting the “inaction” of Supervisory committee appointed by the court to take care of material and safety aspects of Mullai Periyar Dam was listed before a Supreme Court bench of Justices Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar on Wednesday. The State of Kerala had asked the court to pass orders directing Tamil Nadu to maintain water level at 139 feet owing to the torrential rainfall. The Court had asked the Supervisory Committee to decide on Kerala’s plea when the matter came up on Monday (25.10.2021). When the matter was taken up for hearing yesterday, Aishwarya Bhati, ASG, appearing for the committee submitted that the committee has decided that there was no need to change the water level of the dam, the minutes of the meeting of the committee were filed in the court.  Kerala sought for time to file a written note in reply to the minutes of the meeting, hence the court adjourned the case to today.

The note states that Kerala has expressed “strong dissent” to the rule curve prepared by government of Tamil Nadu. From a technical perspective, the Kerala Government is not on the same page with the rule curve prepared by Tamil Nadu, in consultation with the committee.

The Rule Curve shows 2 peaks at 142 feet on 20th September and 30th November which it finds “unacceptable”. It states that there were also discrepancies in the 10-daily cumulative inflow furnished to Kerala by Tamil Nadu for adopting the rule curve.

According to the note while routing 1 in 100 year flood the water rose above 142 ft, which is against the water level permitted by  Supreme Court. During flood routing exercise, it was seen that the water level rises above 142 ft for more than 50 hrs. This means that Mullai Periyar Dam may not be able to sustain the water pressure for such a duration, jeopardizing the safety of the dam and squarely undermining the directions of Hon’ble Supreme Court to limit the level at 142 ft. The note further states that, during the Kerala floods in 2018  the  Supreme Court had directed to limit the levels at 139.99 ft.

“Mullaiperiyar Dam is a 126 year old composite gravity dam and the heartening of the damn which accounts to 60% of the volume of the dam was constructed with lime such concrete, without having considered the seismic forces,” the note states. It further states that the damn is in a deteriorating condition despite taking 2 strengthening measures.

According to the note, the consequences of failure of this dam would be catastrophic beyond human imagination. The apprehensions of Kerala regarding the life and safety of more than 30 lakh people of 5 districts residing downstream of the dam has to be given due importance and consideration, states the note.

The note has a section where Kerala has laid out suggestions to Tamil Nadu resolve the issue. The suggested measures are that Tamil Nadu may create additional storage at appropriate places in TN or enhance the capacity of Vaigai dam. The capacity of the existing tunnel may be enhanced or additional tunnel may be constructed, for drawing more water from Mullaperiyar reservoir so that the reservoir level can be kept at a safer level without reducing the water availability of Tamil Nadu as suggested by the Empowered Committee constituted by the Supreme Court.

The note further suggests that there is no demand for reduction of water used by Tamil Nadu. In fact, Kerala is requesting to use more water by adopting appropriate measures mentioned above. Further more in view of the spatial and temporal variability in rainfall, recent incidents of heavy rainfall in the State of Kerala, and specifically, the catchment of the Mullaperiyar dam during 2018 and 2019 and consequent sudden rise in the reservoir water level, projected change in rainfall patterns due to climate change and its impact on floods, insufficient spillway capacity to discharge any sudden inflow into the reservoir, limited capacity of the tunnels to divert excess water in case of an emergency, the age of the Mullaperiyar dam and its safety, the filled up status of Idukki reservoir, and the looming damage to the life and property of the people living downstream of the Mullaperiyar dam in the event of occurrence of a disastrous event, Kerala objected to the keeping the reservoir level high.

The note further contests that statement made by Tamil Nadu during the last 2 hearings that no rain is predicted in the area, it states that heavy rainfall is predicted till 31st October. In conclusion the note states that the next logical step would be to construct a new dam to ensure water to Tamil Nadu and security to people living downstream and decommission the existing dam.

The case is listed today 28th October as item 13 before at court number 3.

 

Case Title: Dr.Joes Joseph Vs State of Kerala