Tuesday, December 6, 2022

Supervisory committee on Mullapperiyar dam authorised till new authority takes over: Supreme Court

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The Supreme Court on Tuesday proposed that the states of Kerala and Tamil Nadu have been engaged in a prolonged legal battle so the best way is a supervisory committee on the Mullaperiyar dam which could be authorised with all the duties falling under the purview of the newly introduced Dam Safety Act until a new authority comes into force.

ASG Aishwarya Bhati informed the court that the authority under the Dam safety Act, 2021 will take 1 year to be fully functional  and for a temporary structure to be functional it will take 1 month.

She placed forth a recommendation that the Supervisory Committee which was formed by this court’s judgement and has representatives from both states, can be expanded where Chief  secretaries of both states may appoint expert members.

J khanwilkar – in addition to the tasks assigned by this court, we will say that the committee shall carry out all the statutory functions under this act until a regular committee is established.
We will Record assurance regarding time line that the authority under the Act will be functional within 1 year.
Shekhar naphade- how will the national authority and Supervisory Committee coordinate?

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J khanwilkar – the national authority will not interfere with the functioning of the Supervisory Committee. Until it is put in place, all functions will be performed by the Supervisory Committee
The central govt is not ready to deliver immediately as the authority is not in place, there will be logistic issues, etc.
In the meantime the court recorded that it will direct the government that All infrastructural facilities be provided to the committee so that it can effectively carry out functions and duties under the dam safety  act.
Further they Will strengthen the committee and give it liberty to approach this court  if there is any issue regarding implementation of recommendations.

The Court asked senior advocate shekhar naphade to come with minutes on Thursday If this arrangement is acceptable.

The next hearing in Mullaperiyar Dam case is now fixed for April 7

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