Kerala: CWC agrees to conduct safety audit of Mullaperiyar Dam

Kerala has secured a significant victory with the Central Water Commission (CWC) agreeing to conduct a safety audit of the Mullaperiyar Dam within the next 12 months. This decision was made during the Mullaperiyar Dam Supervisory Committee meeting held on Monday, 2 September, at the CWC headquarters in New Delhi.

Kerala insisted that the safety checks should be conducted by an impartial team of experts. Tamil Nadu is responsible for preparing a list of experts, and Kerala will review before presenting its position to the monitoring committee. The supervisory committee will then announce the formation of the expert panel.

The meeting also determined that Kerala’s experts would review the dam break analysis reportedly completed by the CWC. Based on Kerala’s feedback, Tamil Nadu is required to prepare an emergency action plan for potential dam failures or accidents. This plan should be developed promptly using the updated dam break analysis.

The supervisory committee was established by the Supreme Court in 2014 under justice R.M. Lodha to ensure the safety and proper operation of the Mullaperiyar dam.

In Tuesday’s meeting, the committee rejected Tamil Nadu's argument that the Dam Safety Act of 2021 mandated inspections only in 2026. Tamil Nadu had argued that repairs should precede safety inspections, but Kerala principal secretary Dr B. Ashok countered this, stating that repairs and inspections must occur simultaneously. Initially, CWC chief engineer (dam safety) Rakesh Kashyap, the supervisory committee chairman, supported Tamil Nadu's position but later agreed with Ashok’s argument.

As a result, it was agreed that both repair work and safety inspections would proceed in parallel. Tamil Nadu will provide Kerala with details of the proposed repairs, which Kerala will review and respond accordingly.

Kerala highlighted that since the last safety inspection in 2011, the region has experienced significant weather changes, including a major flood in 2018. Therefore, a comprehensive review of the dam’s structural safety, earthquake resistance, flood safety, and operational safety was necessary.

An independent committee appointed by the Supreme Court conducted a detailed inspection in 2011. The upcoming expert panel will evaluate the dam’s safety based on updated observations and Kerala’s proposed agenda.

The supervisory committee instructed Tamil Nadu to complete the emergency action plan based on the revised dam break analysis. It also directed Kerala to process necessary permissions promptly and make decisions in line with the Supreme Court’s directives on the dam’s repair works.

Last month, the Supreme Court had agreed to reopen the Mullaperiyar case to re-examine the validity of the lease deed of 1886 between Kerala and Tamil Nadu conceding to the issues raised by the state of Kerala in the original suit no.4 of 2014. The plea is likely to be listed on 30 September.

The suit was initially filed by the state of Tamil Nadu alleging that Kerala's construction of a major car project in the Mullaperiyar catchment area encroaches on land leased to Tamil Nadu. It is important to remember that though the dam is in Kerala, based on an 1886 lease agreement for 999 years by the British, it is operated by Tamil Nadu.

A bench of justices Abhay S. Oka and Augustine George Masih stated in the petition filed by Tamil Nadu that it would consider matters in detail, including whether the 1886 lease agreement related to the Mullaperiyar Dam was valid. The bench had asked both the states to submit documents within eight weeks.

The court is set to consider whether Tamil Nadu's petition remains viable, review the lease agreement, and determine if the central government has succession rights to it. The issues include how the State Reorganisation Act and the lease agreements are affected, whether Kerala's construction interferes with Tamil Nadu's lease rights, and if Kerala has encroached on Tamil Nadu's leased land in Kerala.