CONSTITUTION BENCH TO EXAMINE
FRESH ROW ON MULLAPERIYAR
A five-judge Constitution bench of the Supreme Court will on Tuesday(13December,2011) examine the cross applications moved by Tamil Nadu and Kerala seeking the apex courts' intervention on the fresh row relating to the controversial Mullaperiyar dam. The matter will be heard by a bench of justices D.K. Jain, R.M. Lodha, Deepak Verma, C.K. Prasad and A.R. Dave at 3.30 p.m.Besides, the applications by Tamil Nadu and Kerala governments, the application moved by DMK on Monday may also figure on the agenda.
On December 1, Tamil Nadu government had moved the apex court accusing Kerala government of whipping up a "fear psychosis" on Mullaperiyar row and sought the court's direction to restrain the state from making any controversial statement on the issue.Tamil Nadu alleged Kerala, despite a status quo order by the apex court, was making public statements on issues of pulling down the century-old dam and constructing a new one in its place. Kerala government had responded on Thursday last by filing an application for a direction to Tamil Nadu government to reduce the water level in Mullaperiyar dam from 136 feet to 120 feet so as to avoid any immediate calamity. Dravida Munnettra Kazhagam(DMK) wants the apex court to direct Kerala government to increase the water level in the dam from 120 feet to 142 feet. While Kerala wants to demolish the dam located in its Idukki district due to the perceived ecological threat and possible collapse of the dam, Tamil Nadu wants the structure to be protected as it caters to irrigation and drinking water needs of a dozen of its districts.
In 2006, the apex court had upheld Tamil Nadu's decision to increase the level of the water in the dam. However, Kerala had in 2009 brought a legislation to reduce the water level in the dam. Aggrieved, Tamil Nadu appealed in the apex court contending Kerala's legislation was aimed at circumventing the country's highest court order empowering the state to increase the water level. On November 11, 2009, the apex court, while referring the matter to be placed before the Constitution Bench, directed the two states to maintain status quo in respect of the dam as on the said date. Further, another order of the Bench on February 18, 2010, directed the central government to constitute an empowered committee to go into the safety aspect of the dam.
On December 1, Tamil Nadu government had moved the apex court accusing Kerala government of whipping up a "fear psychosis" on Mullaperiyar row and sought the court's direction to restrain the state from making any controversial statement on the issue.Tamil Nadu alleged Kerala, despite a status quo order by the apex court, was making public statements on issues of pulling down the century-old dam and constructing a new one in its place. Kerala government had responded on Thursday last by filing an application for a direction to Tamil Nadu government to reduce the water level in Mullaperiyar dam from 136 feet to 120 feet so as to avoid any immediate calamity. Dravida Munnettra Kazhagam(DMK) wants the apex court to direct Kerala government to increase the water level in the dam from 120 feet to 142 feet. While Kerala wants to demolish the dam located in its Idukki district due to the perceived ecological threat and possible collapse of the dam, Tamil Nadu wants the structure to be protected as it caters to irrigation and drinking water needs of a dozen of its districts.
In 2006, the apex court had upheld Tamil Nadu's decision to increase the level of the water in the dam. However, Kerala had in 2009 brought a legislation to reduce the water level in the dam. Aggrieved, Tamil Nadu appealed in the apex court contending Kerala's legislation was aimed at circumventing the country's highest court order empowering the state to increase the water level. On November 11, 2009, the apex court, while referring the matter to be placed before the Constitution Bench, directed the two states to maintain status quo in respect of the dam as on the said date. Further, another order of the Bench on February 18, 2010, directed the central government to constitute an empowered committee to go into the safety aspect of the dam.
Prof. John Kurakar
No comments:
Post a Comment