In the
ongoing Mullaperiyar dam safety dispute between the States of Tamil Nadu and
Kerala, the Supreme Court was informed on Wednesday that the Kerala government
has granted its no-objection (NOC) to Tamil Nadu for tree-felling activities
related to the dam’s maintenance. Taking note of this development, the Court
directed the Union of India to verify Kerala’s permission and subsequently take
the necessary steps to grant environmental clearance to Tamil Nadu within four
weeks.
The
matter was heard by a bench comprising Justices Surya Kant, Dipankar Datta, and
N Kotiswar Singh. Senior Advocate Shekhar Naphade appeared for Tamil Nadu,
Senior Advocate Jaideep Gupta represented Kerala, and Additional Solicitor
General Aishwarya Bhati appeared for the Union of India.
During
the hearing, the bench was informed that while the Kerala government had
already granted permission for tree-felling, the required environmental
clearance from the Union Ministry of Environment, Forest and Climate Change
(MoEFCC) was still pending. The Court noted that the Union should now verify
whether Kerala has indeed accorded the necessary permission and, upon
confirmation, ensure that the environmental clearance process is completed. The
bench expressed its hope that this entire process would be completed within
four weeks.
Further,
relying on the report submitted by the Supervisory Committee overseeing the
dam’s safety, the Court directed that the State of Tamil Nadu should proceed to
conduct the proposed study as outlined in the report. Once the study is
completed, Kerala is expected to grant permission for the grouting work to be
undertaken as part of the dam's maintenance.
As for
the third issue concerning repair work, the Court accepted Kerala’s submission
that it would be more suitable for such work to commence only after the
conclusion of the ongoing monsoon season. Accordingly, the bench ordered that
construction and repair works should be carried out during the
September–October period, ensuring they are completed before the onset of the
next monsoon season.
The
issue of tree-felling had earlier been complicated due to procedural delays.
Tamil Nadu had initially submitted an application for permission to Kerala and
received approval. However, Kerala later revoked this approval within a week,
citing its own concerns. Despite this reversal, Tamil Nadu reiterated its
intention to apply directly to the MoEFCC for the necessary environmental
clearance.
During
the present hearing, Naphade pointed out that no action had yet been taken by
the MoEFCC regarding the environmental clearance. In response, Gupta informed
the bench that the newly appointed Chairman of the Supervisory Committee had
already issued directions to initiate the repair work process and requested an
extension of the four-week timeline earlier fixed by
the Court.
It may
be recalled that in May this year, the Supreme Court had instructed both states
to act upon the recommendations made by the Supervisory Committee concerning
dam safety. On Wednesday, both Kerala and Tamil Nadu submitted that they were
taking positive steps to comply with these directions, thereby signaling
progress in resolving the long-standing dispute surrounding the Mullaperiyar
dam.