Mullaperiyar Dam - Justice A.S. Anand Committee (The Empowered Committee)

Justice A.S. Anand Committee (The Empowered Committee)

On 18 February 2010, the Supreme Court decided to constitute a five-member empowered committee to study all the issues of Mullaperiyar Dam and seek a report from it within six months. The Bench in its draft order said Tamil Nadu and Kerala would have the option to nominate a member each, who could be either a retired judge or a technical expert. The five-member committee will be headed by former Chief Justice of India A. S. Anand to go into all issues relating to the dam's safety and the storage level. However, the then ruling party of Tamil Nadu, DMK, passed a resolution that it not only oppose the apex court's decision to form the five-member committee, but also said that the state government will not nominate any member to it.

The then Tamil Nadu Chief Minister M. Karunanidhi said that immediately after the Supreme Court announced its decision to set up a committee, he had written to Congress president asking the Centre to mediate between Kerala and Tamil Nadu on Mullaperiyar issue. However, the then Leader of Opposition i.e., the present Chief Minister of Tamil Nadu J. Jayalalithaa objected to the TN Government move. She said that this would give advantage to Kerala in the issue. Meanwhile, Kerala Water Resources Minister N. K. Premachandran told the state Assembly that the State should have the right of construction, ownership, operation and maintenance of the new dam, while giving water to Tamil Nadu on the basis of a clear cut agreement. He also informed the media that Former Supreme Court Judge Mr. K. T. Thomas will represent Kerala on the expert panel constituted by Supreme Court.

On 8 March 2010, Tamil Nadu told the Supreme Court that it was not interested in adjudicating the dispute with Kerala before the special “empowered” committee appointed by the apex court for settling the inter-State issue. However, Supreme Court refused to accept Tamil Nadu's request to scrap the decision to form the empowered committee. The Supreme Court also criticized the Union Government on its reluctance in funding the empowered committee.

Setting at rest the controversy over the safety of the 116-year-old Mullaperiyar dam, the Empowered Committee, headed by the former Chief Justice of India A.S. Anand, has said it is “structurally and hydrologically safe, and Tamil Nadu can raise the water level from 136 to 142 feet after carrying out certain repairs.”

In its report submitted to the Supreme Court on 25 April 2012, the committee is understood to have said: “The dam is seismically safe.” Last year's earth tremors in that region “did not have any impact on the Mullaperiyar dam and the Idukki reservoir and there was no danger to the safety of the two dams.”

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