TAMIL NADU ASSERTS RIGHTS ON
MULLAIPERIYAR
Tamil
Nadu on Wednesday put its foot down and asserted its rights over the
Mullaiperiyar dam in the Supreme Court by arguing that the state being the
natural successor of the Madras Presidency had become the lessee to the 1886
Mullaiperiyar dam agreement made between the Presidency and Princely state of
Travancore.Continuing
its arguments for the second day before the five-judge constitution bench of
the SC hearing its petition questioning the law (restricting the dam height to
136ft) passed by Kerala in 2006, TN invoked section 177 of the Government of
India Act 1935 and established that it had the right of succession accrued from
the 1886 agreement.
Counsel for TN,
senior advocate Vinod Bobde argued that as per the 1935 Act, all agreements entered
into by British India for provinces would be deemed to be made by the provinces
and it gave provinces the right for agreements signed by the secretary of the
state.Since the 1886 agreement was for Madras province, for which TN is the
natural successor, it’s a valid legal agreement and therefore TN becomes leesee
and Kerala, which succeeded Travancore, becomes leesor, Bobde told the
bench.
Prof. John Kurakar
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