The story so far: The Supreme Court on Thursday observed that the 2021 Dam Safety Act provided for everything, other than how to “settle political scores”, to resolve inter-State disputes over dams. The observation was made while hearing a case on the Mullaperiyar dam. A Bench led by Justice A.M. Khanwilkar wanted to know whether the dam would be the first to be handled under the law.
What does the law seek to do?
Debated for decades, the law, which came into force in December, is aimed at addressing the long-felt need for addressing issues concerning the safety of major dams all over the country. It provides for surveillance, inspection, operation, and maintenance of certain dams for prevention of disasters related to dam failure, apart from institutional mechanisms to ensure their safe functioning. The Act covers those dams having a height of over 15m and between 10m and 15m with certain stipulations. It seeks to create two national institutions—National Committee on Dam Safety (NCDS) to evolve dam safety policies and recommend necessary regulations, and the National Dam Safety Authority (NDSA) to implement policies and address unresolved issues between the two States. The NDSA will be the regulatory body. The legislation also envisages the formation of State Dam Safety Organisations and State Committees on Dam Safety. Dam owners will be held responsible for construction, operation, maintenance, and supervision of dams.
What steps have been taken by the Centre after the enactment of the law?
In the middle of February, the Union Ministry of Jal Shakti issued four notifications regarding the NCDS and the NDSA. The NCDS will be chaired by the Central Water Commission’s chief. Apart from different Central departments and organisations, the panel includes seven representatives of States by rotation, in addition to three specialists in the field of dam safety. The States have been divided into seven groups. The panel would meet twice a year, one of which would be before the onset of the southwest monsoon.
As for the NDSA, it would have five members to assist its head, dealing with subjects such as policy and research, regulation, disaster, and resilience. It will have four regional offices, providing coordination services with the respective State Dam Safety Organisations and owners of the dams.
How the Dam Safety Act is sought to be linked to the Mullaperiyar dam?
Before answering the question, one must look at the dispute over the 126-year-old dam which centres around the subject of its safety. Located in the Idukki district of Kerala, the dam diverts the west-flowing rivers to the east through a tunnel in order to irrigate about 58,650 hectares in the dry southern districts of Tamil Nadu, which owns, operates, and maintains the dam.
As the Act provides that the NDSA will perform the role of the State Dam Safety Organisation for a dam located in one State and used by another, the Mullaperiyar dam, strictly speaking, comes under the purview of the NDSA.
Besides, the Supreme Court, which has been hearing petition after petition after its judgment in 2014, mooted the idea of extending the powers of its supervisory committee to take over charge of the safety and maintenance of the structure. In response to the court’s suggestion, Additional Solicitor General Aishwarya Bhati, during the hearing in the court on Thursday, showed the court an alternative in the 2021 law.
What lies next?
The court has asked the Centre to submit by Tuesday a note on the Act and the responsibilities of the NDSA. If one is to go by the latest proceedings in the court, there is every possibility of the Union government indicating that the NDSA can subsume the functions of the supervisory committee. While Tamil Nadu is particular that there should be no hindrance to its proposals for dam strengthening measures, Kerala wants the Centre to rope in the services of specialists.
