Supreme Court fixes Mullaperiyar water level

New Delhi: As the blame-game between Tamil Nadu and Kerala over the devastating floods continued, the Supreme Court on Friday told the Tamil Nadu government to maintain a lower water level in the Mullaperiyar dam at 139 feet, instead of the maximum permissible level of 142 feet, till August 31, as a precaution to guard against floods or other disasters. A three-judge bench, headed by Chief Justice Dipak Misra, gave this direction on a public interest litigation (PIL) filed by Idukki resident Russel Joy who has that people downstream of Mullaperiyar were living in constant fear due  release of water from the dam, lack of coordination and absence of a disaster management plan.

Posting the matter for hearing on September 6, the CJI told counsel for petitioner, “The rains have stopped. Everything has been settled. Today there is a change in the circumstances.”

The apex court’s direction on the reservoir’s interim water level is based on the conclusions of a disaster management sub-committee that met on Thursday — the day when environmentalist Medha Patkar told reporters in Thrissur that Kerala floods were dam-induced and sought a review of safety of all old dams, including Mullaperiyar.

The Mullaperiyar dam, built in 1895 on Periyar River in Idukki District of Kerala, came under the spotlight with the Kerala government accusing Tamil Nadu, which maintains the reservoir, of sudden release of water leading to unprecedented deluge in the state, what’s being called the worst floods in a century that have left 237 people dead since August 8 and displaced over 14 lakh.

Kerala’s claim was on Friday rebuffed by Tamil Nadu chief minister K. Palaniswami, who said the neighbouring state had suffered the deluge due to the discharge of excess water from 80 reservoirs spurred by heavy rains there.

He claimed that Mullaperiyar reservoir water was released in a gradual manner, after three warnings, and it flowed only into one part of Kerala.

In the apex court, Tamil Nadu said while floods started in Kerala on August 6, the water level in Mullaperiyar dam reached 140 ft, forcing the release of water from the reservoir, only on August 14 and this was not the reason for the floods.  

Additional solicitor-general P.S. Narasimha informed the court that the current water level in the reservoir was 139.998 feet.

Senior counsel Shekhar Naphade for Tamil Nadu submitted that he sees “seeds of discord” in Kerala’s affidavit in which it has sought gradual release of water from the reservoir as soon as its level reaches 136 feet rather than aiting till it reaches its maximum level.

The flood-hit state also wants a “supervisory committee”, comprising the Central Water Commission (CWC) chief and secretaries of Kerala and Tamil Nadu, to take decisions by majority on the dam when there are floods.

In reply to Kerala’s allegation blaming Tamil Nadu for sudden release of water from the dam, Tamil Nadu submitted that the state duly informed the counterpart of Kerala since the water level in the dam reached above 136 feet.

Thereafter, when the water level reached 138 feet, 140 feet, 141 feet and 142 feet, suitable warnings were issued and the quantum of discharge were also intimated.