Context

Tamil Nadu’s latest application in the Supreme Court of India on the Mullaperiyar dam row shows that even 10 years after the Court’s decisive judgment the dispute remains unresolved.

Mullaperiyar Dam Dispute

• Accusations by Tamil Nadu: In response to Kerala’s rebuttal in a case initiated by an activist, Tamil Nadu, as the owner state benefiting from the dam, has alleged that Kerala, where the dam is situated, is raising concerns about the safety of the 129-year-old structure while deliberately impeding essential maintenance work.
• Stalled Efforts: Despite the establishment of three panels, including a Supervisory Committee with technical representation from both states since June 2022, and two sub-committees, one under the National Executive Committee of the National Disaster Management Authority
• • It  aimed at ensuring readiness to address any dam-related disasters, progress towards resolving lingering issues remains elusive.
• Grievance of Tamil nadu: Tamil Nadu’s complaint is that the revamped Supervisory Committee, empowered by the Dam Safety Act of 2021, has “significantly fallen short” in ensuring Kerala and its authorities authorize and support dam reinforcement and associated endeavors.
• Timely Dam Safety Evaluation: Tamil Nadu has additionally been advocating for the expeditious completion of a thorough dam safety assessment within five years, by December 30, 2026, as mandated by the 2021 legislation.

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Resolution Process

• Judicial Intervention: Despite unresolved issues, judicial intervention has seen the adoption of rule curve, a tool in decision-making for smooth operation of the dam’s shutters, especially during floods, and the gate operation schedule, notwithstanding Kerala’s reservations. 
• Proposal for Mega Car Parking: Apart from the dam-related issues, the proposal of a mega car parking project of the Kerala government is a matter of litigation  
• Dispute in the survey: The conclusion of the Survey of India that the project site is outside the leased area has been disputed by Tamil Nadu.
• Calls for Bilateral Talks: Kerala has placed a strong emphasis on dam safety and seeks to proceed with caution. 
  • It is now imperative for the two states, which share amicable relations, to reinitiate bilateral negotiations to address pending issues, while also preserving their right to seek legal remedies.
• Delay in Court judgements: Courts take their own time to arrive at their conclusion, even though Tamil Nadu has a more favourable track record with the Supreme Court than the other State on Mullaperiyar, going by the 2006 and 2014 judgments. 
• Political Proactivity: As water and dam safety can be used by some elements to arouse emotions, the political leadership in both States should be proactive in thrashing out the differences.
• Fostering Understanding Between States: The proposed talks, even in the event of not leading to any major breakthrough, may at least provide both States an opportunity to appreciate each other’s position better and leave no room for vested interests to vitiate the atmosphere. 

Conclusion

With technical and judicial efforts to resolve the Mullaperiyar Dam dispute largely exhausted, a political resolution is now seen as an important step towards an Friendly solution. Considering the potential risks involved, finding a solution is critical for the safety and well-being of millions.