Tamil Nadu is eagerly awaiting the proposal that the Central Water Commission (CWC) will make in the Supreme Court by April 5 on the question of application of the Dam Safety Act to the Mullaperiyar dam.
A few days ago, Additional Solicitor-General Aishwarya Bhati, counsel for both the CWC and the supervisory committee on the Mullaperiyar dam, indicated to the court that the law and the National Dam Safety Authority (NDSA), one of the bodies envisaged under the law, could take care of the court’s idea of extending the powers of its supervisory committee to take charge of the dam’s safety and maintenance.
There is a clause in the Act that empowers the NDSA to function as the State Dam Safety Organisation for a dam that is located in one State and owned by another. The Mullaperiyar dam comes under the purview of the NDSA as the dam is in Kerala, but owned, operated and maintained by Tamil Nadu. Dams with certain specifications have been brought under the jurisdiction of the law. Since its constitution in 2014 following the court’s judgment on the Mullaperiyar dam, the supervisory committee has been performing the function of keeping a close watch on the safety of the dam.
Irrespective of the nomenclature of the mechanism that will handle the safety of the dam, Tamil Nadu is keen that there be no hindrance to its dam strengthening measures. It has been complaining that it is not allowed to carry out its work on the dam. In late February, its representative walked out of a meeting of the sub-committee (which functions under the supervisory committee), expressing concern over the “non-cooperation” of the Kerala Forest Department. Five months ago, Tamil Nadu was permitted to cut 15 trees near the baby dam as part of the strengthening work, but the permission was withdrawn following a row.
After the Dam Safety Act came into force in December, the Central government has issued four orders on the National Committee on Dam Safety (NCDS) and the NDSA. The NCDS, meant for evolving safety policies and recommend regulations, will be chaired by the CWC chief. Apart from representatives of different Central departments and organisations, the panel includes seven nominees of States in rotation and three specialists in dam safety. The States have been divided into seven groups. The panel would meet twice a year; one of the meetings would be held before the onset of southwest monsoon.
The NDSA 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 that will coordinate with the State Dam Safety Organisations and the owners of the dams.
Apart from envisaging the formation of State Dam Safety Organisations and State Committees on Dam Safety, the law has stipulated that dam owners be held responsible for construction, operation, maintenance and supervision.
