IANS/New Delhi

The Supreme Court yesterday struck down a legislation that sought to restrict the water level in Mullaperiyar dam in Kerala, a ruling welcomed in Tamil Nadu but dubbed unfortunate by Kerala Chief Minister Oommen Chandy.
The top court’s constitution bench headed by Chief Justice R M Lodha, while striking down the Kerala Irrigation Water Conservation Act, said the water level in the dam could be increased to 142ft from 136ft.
The court said there was no threat to the safety of the 120-year-old dam, and set up a three-member committee under whose supervision the water level will be increased.
Kerala and Tamil Nadu have been at loggerheads over the Mullaperiyar dam, built under an 1886 pact between the then Maharaja of Travancore and the British Raj.
While the dam is located in Kerala, its waters serve Tamil Nadu. Kerala is seeking a new dam and has offered to build and fund it but Tamil Nadu has been engaged in a protracted legal battle.
The court said the three-member panel, comprising a representative each of the Central Water Commission (CWC), Kerala and Tamil Nadu, will carry out regular inspections. The CWC will head the committee.
Chandy said it was unfortunate that the Supreme Court did not consider people’s safety while striking down the act restricting the water level in the dam at 136ft.
Chandy said Kerala has no qualms in giving water to Tamil Nadu but safety was paramount.
“The court, it seems, did not look into the safety of the people living near the old dam. The state cabinet will now meet to decide what needs to be done,” Chandy said.
As soon as the verdict came, people living in and around the dam near Idukki district in Kerala voiced their resentment and called for a shutdown in the state today.
“We expect all political parties to co-operate with our move to call for a strike to protest against the verdict,” said Joy Nirappel, who heads the Mullaperiyar Action Council.
Kerala Minister for Water Resources P J Joseph said the state will now seek legal advice.
Opposition leader V S Achuthanandan said the judgment would only heighten the fears of 3.5mn living in Idukki, Pathanamthitta, Kottayam, Ernakulam and Alappuzaha districts.
“I want the state government to immediately call a special session of the assembly to discuss this burning issue,” he said.
Political leaders in Tamil Nadu welcomed the judgment.
Pattali Makkal Katchi founder S Ramadoss said though justice had been delayed, the rights of Tamil Nadu had been upheld.
Blaming the two Dravidian parties - Dravida Munnetra Kazhagam (DMK) and the All India Anna Dravida Munnetra Kazhagam (AIADMK) - for the state losing its rights over the dam, Ramadoss said the court had ordered storage of water up to 142ft in 2006 but the then government did not act and the Kerala government passed a law preventing it.
Warning the Tamil Nadu government that Kerala would try to get a stay order on yesterday’s ruling, Ramadoss said steps should be taken to increase the water storage level from the current 111 to 142ft.
DMK president M Karunanidhi also expressed happiness.
Marumalarchi Dravida Munnetra Kazhagam general secretary Vaiko said the judgment was a death blow to Kerala’s wayward attitude and the Kerala law that tried to circumvent the court’s earlier judgment was a challenge to the nation’s unity.
Vaiko also said if the Kerala assembly passes any resolution against the judgment it should be dismissed. He lauded the Tamil Nadu government for adopting the right approach on the issue.
Overall the verdict is a setback to Kerala’s efforts to pull down the dam on the grounds of it being unsafe and then build a new structure. State Congress president V M Sudheeran said that the need of the hour is not to make political capital out of the judgment but for all stakeholders to put their heads together as this seriously affects the people of Kerala.