Summary of the Order/Judgment
Writ petition filed under Article 32 of the Constitution of India contending that increasing the water level in Mullaperiyar Reservoir was dangerous. The dam, which was more than 100 years old, may not be strong enough to contain such a huge volume of water. It was also contented that increasing the water level would adversely affect the flora and fauna in Periyar Tiger Reserve and would be a non-forestry activity.
The Court held that it had jurisdiction since the question of the height of the dam did not fall within the ambit of ‘water dispute’ under the Inter State River Water Disputes Act, 1956 as it did not relate to the use, distribution or control of water.
On the question of raising of water level of the reservoir from 136 ft. to 142 ft., the Court noted that such security fears were baseless, as found by a committee set up by the central government. Hence, the water level was allowed to be raised. The Court also allowed the Tamil Nadu Government to carry out necessary repairs of the dam before the water level was raised to a maximum of 152 feet. The court had clarified that before permitting the water level to be raised to 152 ft., the Tamil Nadu government would appoint an expert committee to determine whether necessary repairs were undertaken.
It was also held that strengthening works on the dam and increase in expanse of dam reservoir due to restoration of water level would not affect boundaries of the Tiger Reserve and the flora and fauna in it. Hence, it could not be termed a non-forestry activity under section 2 of the Forest (Conservation) Act, 1980 requiring prior approval of the Union of India.