Supreme Court Dismisses Urgency Request, Highlights Mullaperiyar Dam's Longevity

While tagging a 2020 PIL concerning the Mullaperiyar dam with a related case pending before a 3-judge bench, Justice Hrishikesh Roy of the Supreme Court dismissed the urgency claimed by the petitioners. He highlighted that the dam, which was originally designed for a lifespan of 50 years, has already withstood 130 years since its construction.

Justice Roy downplayed the concerns raised by the petitioners, who were private individuals from Kerala, regarding the potential danger of a dam break if the matter remains unresolved for an extended period. He reassured that the dam, having already endured over 130 years, is robust enough to withstand additional monsoons while awaiting a court hearing, emphasizing that there is no immediate cause for alarm.

“How many monsoons have gone since the Mullaperiyar dam was [constructed]? 130 monsoons...it's another 2 monsoons only...I have lived in the state which lives in constant fear of Mullaperiyar dam breaking down...people are living under the fear that the dam is going to break anytime...130 years have gone by...the dam has outlasted 2.5 times its life...I was one of those 15 lakhs people (who are stated to be under apprehension of dam break) for 1.5 years...my brother (Justice SVN Bhatti) was there for 4.5 years”, said the Court. 

In a light-hearted moment, Justice Roy humorously compared the petitioners' fear of a potential dam break to the exaggerated fears of the Gauls in the Asterix comics, where they worried the sky might fall on their heads—so much so that one of them carried menhirs over his head as a precaution.

A bench comprising Justices Roy and Bhatti was hearing the Dr. Joe Joseph case, which, in April 2022, had directed that the Supervisory Committee set up in 2014 to oversee the dam’s safety should continue its functions until the National Dam Safety Authority, established under the Dam Safety Act of 2021, is operational. This case has now been linked with the original suit filed by Tamil Nadu against Kerala, addressing various issues concerning the Mullaperiyar dam.

During the hearing, as previously noted, concerns about the potential for a dam break were raised on behalf of private residents from Kerala. Their counsel emphasized that the dam's intended lifespan was 50 years and argued that people living near the dam are in constant fear of an accident, which could potentially endanger the lives of around 15 lakh individuals. Additionally, the Court was informed that the directions issued in the case on April 8, 2022, have not been fully implemented, further contributing to the apprehension among the local population.