Supreme Court Enhances Dam Safety Measures for Mullaperiyar Dam: Implementation of Dam Safety Act, 2021 (08 April 2022)

Date of the Judgment: 08 April 2022
Citation: Not Available
Judges: A.M. Khanwilkar, J., Abhay S. Oka, J., C.T. Ravikumar, J.

Is the existing supervisory committee for the Mullaperiyar Dam sufficient to ensure its safety? The Supreme Court addressed this critical question in light of the newly enacted Dam Safety Act, 2021. This judgment focuses on strengthening the existing supervisory mechanism for the Mullaperiyar Dam by aligning it with the provisions of the new Dam Safety Act, 2021, until a permanent authority is established. The Supreme Court has directed the reconstitution of the Supervisory Committee with additional technical experts and has empowered it to function as the National Dam Safety Authority (NDSA) until the NDSA is fully functional. This ensures that the dam safety measures are in place and are in line with the new legislation.

Case Background

The case revolves around the safety of the Mullaperiyar Dam and the implementation of the Dam Safety Act, 2021. The Supreme Court had previously constituted a Supervisory Committee to oversee the dam’s maintenance and safety. However, with the enactment of the Dam Safety Act, 2021, a new statutory framework was established, necessitating adjustments to the existing supervisory mechanism. The court was hearing a batch of petitions, including writ petitions and special leave petitions, concerning the dam’s safety and related issues. The primary concern was to ensure the dam’s safe operation and prevent any dam failure-related disasters, especially considering the interests of the local populations residing downstream.

Timeline

Course of Proceedings

The Supreme Court had previously constituted a Supervisory Committee in the case of “State of Tamil Nadu Vs. State of Kerala & Anr.” [(2014) 12 SCC 696] to oversee the Mullaperiyar Dam. This committee consisted of representatives from the Central Water Commission and the states of Tamil Nadu and Kerala. However, with the enactment of the Dam Safety Act, 2021, the court recognized the need for a statutory mechanism to ensure the dam’s safety. The court noted that a temporary structure of the NDSA had been created, but a regular structure was still pending. Therefore, the court decided to strengthen the existing Supervisory Committee until the NDSA becomes fully functional.

Legal Framework

The Dam Safety Act, 2021, is a comprehensive legislation aimed at ensuring the safety of specified dams across the country. Key provisions of the Act include:

• Section 5 mandates the constitution of a National Committee, which is required to discharge functions delineated in Section 6 of the 2021 Act.
• Section 8 establishes the National Dam Safety Authority (NDSA).
• Section 9 outlines the functions of the NDSA, which include surveillance, inspection, operation, and maintenance of dams.
• The first proviso to Section 24(1) of the Act states that the NDSA shall also act as the State Dam Safety Organisation and perform all duties and functions related to dam safety.

The Act provides for a multi-tier institutional mechanism to ensure the safe functioning of dams and prevent dam failure-related disasters. The NDSA is responsible for implementing the provisions of the Act and ensuring compliance with the safety standards.

Arguments

The arguments presented in the petitions highlighted the need for a robust and effective mechanism to ensure the safety of the Mullaperiyar Dam, especially in light of the Dam Safety Act, 2021. The State parties suggested strengthening the existing Supervisory Committee until the NDSA becomes fully functional. The locals residing in the downstream areas of the dam also raised concerns about the dam’s safety and the need for adequate measures to prevent dam failure-related disasters.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame specific issues in the order. However, the core issues addressed by the court were:

• The need to ensure the safety of the Mullaperiyar Dam.
• The implementation of the Dam Safety Act, 2021, in relation to the Mullaperiyar Dam.
• The strengthening of the existing Supervisory Committee until the regular NDSA becomes functional.
• The scope of the Supervisory Committee’s functions and powers in light of the 2021 Act.

Treatment of the Issue by the Court

Authorities

The Supreme Court considered the following authorities:

• State of Tamil Nadu Vs. State of Kerala & Anr. [(2014) 12 SCC 696] – This case established the Supervisory Committee for the Mullaperiyar Dam. The court referred to this case to highlight the existing mechanism in place.
• The Dam Safety Act, 2021 – The court extensively relied on this Act, particularly Section 5 (constitution of National Committee), Section 8 (establishment of NDSA), Section 9 (functions of NDSA), and the first proviso to Section 24(1) (NDSA acting as State Dam Safety Organisation).

Judgment

The Supreme Court’s judgment focused on the immediate need to strengthen the supervisory mechanism for the Mullaperiyar Dam in light of the Dam Safety Act, 2021. The court did not delve into the merits of the petitions, but instead provided an interim arrangement until the regular NDSA becomes functional.

The court considered the following authorities:

• State of Tamil Nadu Vs. State of Kerala & Anr. [(2014) 12 SCC 696]* – The court used this case to establish the context of the existing supervisory mechanism and how it needed to be strengthened and aligned with the new law.
• The Dam Safety Act, 2021* – The court used this Act as the basis for its decision to empower the Supervisory Committee with the functions and powers of the NDSA.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the need to ensure the safety of the Mullaperiyar Dam and the effective implementation of the Dam Safety Act, 2021. The court emphasized the importance of a robust institutional mechanism to prevent dam failure-related disasters. The court’s reasoning was driven by the following factors:

• The urgency of addressing the safety concerns related to the Mullaperiyar Dam,
• The need to comply with the newly enacted Dam Safety Act, 2021,
• The necessity of a strong supervisory mechanism to ensure the dam’s proper maintenance and operation,
• The importance of including technical expertise in the supervisory process,
• The need to protect the interests of the local populations residing downstream of the dam.

The court’s reasoning was primarily based on the legal requirements of the Dam Safety Act, 2021, and the need to ensure the dam’s safety. The factual aspects of the case, such as the pending works, were secondary to the legal considerations.

The court’s decision was driven by the need to ensure the safety of the Mullaperiyar Dam and to comply with the provisions of the Dam Safety Act, 2021. The court’s reasoning was logical and aimed at creating a robust supervisory mechanism until the regular NDSA becomes functional.

The Supreme Court considered the alternative of continuing with the existing Supervisory Committee without any changes. However, this option was rejected because it would not have aligned with the requirements of the Dam Safety Act, 2021. The court also considered the possibility of waiting for the regular NDSA to be established, but this was deemed too time-consuming and would have left the dam without a proper supervisory mechanism in the interim. The court’s final decision was based on the need to balance the immediate safety concerns with the long-term requirements of the new legislation.

The court’s decision was clear and accessible. The court directed the reconstitution of the Supervisory Committee with two technical experts and empowered it to function as the NDSA until the regular NDSA becomes functional. The court also emphasized the importance of compliance with the Supervisory Committee’s directions and the accountability of the concerned parties.

The court provided the following reasons for its decision:

• The need to ensure the safety of the Mullaperiyar Dam.
• The implementation of the Dam Safety Act, 2021.
• The necessity of a robust supervisory mechanism.
• The inclusion of technical expertise in the supervisory process.
• The need to protect the interests of the local populations residing downstream of the dam.

The judgment did not include any dissenting opinions.

The court’s reasoning was based on the legal requirements of the Dam Safety Act, 2021, and the need to ensure the dam’s safety. The court’s interpretation of the Act was aimed at creating a robust and effective supervisory mechanism. The application of the law to the facts of the case was straightforward, with the court focusing on the need to strengthen the existing mechanism in light of the new legislation.

The judgment has significant implications for future cases involving dam safety and the implementation of the Dam Safety Act, 2021. The court’s decision to empower the Supervisory Committee with the functions and powers of the NDSA sets a precedent for interim arrangements in similar situations. The judgment also highlights the importance of technical expertise in dam management and the need for accountability in ensuring dam safety.

The court did not introduce any new doctrines or legal principles. The judgment primarily focused on the application of the existing legal framework to the specific facts of the case.

The court’s acceptance of the need to strengthen the existing mechanism was based on the requirements of the Dam Safety Act, 2021. The court’s rejection of the alternative of continuing with the existing mechanism without any changes was based on the need to comply with the new legislation.

“The 2021 Act deals with subjects which are broadly matters in issue in the present petitions such as surveillance , inspection, operation and maintenance of the Mullaperiyar D am including for prevention of dam failure related disasters.”

“The reconstituted Supervisory Committee in terms of this order passed in exercise of our plenary powers under Art icle 142 of the Constitution , as aforesaid, shall in addition to complying with the directions given in the reported decision , also discharge all the functions of the NDSA delineated in Section 9 of the 2021 Act and also in the same manner exercise all its (NDSA’s) powers for enforcement of the directions given by it from time to time.”

“In other words, the party -States must extend complete cooperation for ensuring that the directions given by the Supervisory Committee from time to time for the purpose of maintenance of the Mulla periyar Dam and its safety , are complied with in prescribed time.”

Key Takeaways

The key takeaways from this judgment are:

• The existing Supervisory Committee for the Mullaperiyar Dam has been strengthened and empowered to function as the National Dam Safety Authority (NDSA) until the regular NDSA is established.
• The Supervisory Committee has been reconstituted to include two technical experts, one each from the states of Kerala and Tamil Nadu.
• The Supervisory Committee is now responsible for all matters relating to the safety of the dam, including those referred to in the Dam Safety Act, 2021, and must discharge the functions of the NDSA as specified in Section 9 of the 2021 Act.
• The Chief Secretaries of the concerned states are personally responsible for ensuring compliance with the directions of the Supervisory Committee.
• The judgment sets a precedent for interim arrangements in similar situations where a new statutory authority is yet to be fully functional.
• The judgment emphasizes the importance of technical expertise in dam management and the need for accountability in ensuring dam safety.

The judgment is likely to have a significant impact on the future management of the Mullaperiyar Dam and other dams across the country. The decision to empower the Supervisory Committee with the functions and powers of the NDSA sets a precedent for interim arrangements in similar situations. The judgment also highlights the importance of technical expertise in dam management and the need for accountability in ensuring dam safety.

Directions

The Supreme Court gave the following directions:

• The Supervisory Committee is to be reconstituted with the inclusion of two technical experts, one each from the State of Kerala and State of Tamil Nadu.
• The reconstituted Supervisory Committee shall discharge all functions of the NDSA delineated in Section 9 of the Dam Safety Act, 2021, and exercise all its powers.
• The State of Tamil Nadu can bring pending works to the attention of the Supervisory Committee.
• The Supervisory Committee shall conduct a fresh safety review of the dam and frame terms of reference in accordance with the provisions of the 2021 Act.
• The concerned Ministry of the Government of India is to extend all logistical assistance to the Supervisory Committee.
• The Chief Secretaries of the concerned states are personally responsible for ensuring compliance with the directions of the Supervisory Committee.
• The Supervisory Committee may entertain representations or suggestions given by the locals and take appropriate measures.

Specific Amendments Analysis

There is no specific amendment discussed in the judgment.

Development of Law

The ratio decidendi of this case is that in the absence of a fully functional statutory authority, an existing supervisory committee can be empowered to discharge the functions and exercise the powers of the statutory authority. This case also highlights that in the matters of public safety, the court can exercise its plenary powers under Article 142 of the Constitution to ensure that all necessary measures are taken to protect the public. There is no change in the previous positions of law, but the judgment provides a clear direction for interim arrangements in similar situations.

Conclusion

In conclusion, the Supreme Court’s judgment strengthens the supervisory mechanism for the Mullaperiyar Dam by empowering the existing Supervisory Committee to function as the NDSA until the regular NDSA is established. The court’s decision ensures that the dam’s safety is prioritized and that the provisions of the Dam Safety Act, 2021, are effectively implemented. The judgment also sets a precedent for interim arrangements in similar situations and highlights the importance of technical expertise and accountability in dam management.

Category

Parent Category: Dam Safety Act, 2021
Child Categories:

• Section 5, Dam Safety Act, 2021
• Section 8, Dam Safety Act, 2021
• Section 9, Dam Safety Act, 2021
• Section 24, Dam Safety Act, 2021
• Mullaperiyar Dam
• National Dam Safety Authority
• Supervisory Committee
• Dam Safety
• Dam Management

FAQ

Q: What is the Dam Safety Act, 2021?
A: The Dam Safety Act, 2021, is a law enacted by the Indian Parliament to ensure the safety of specified dams across the country. It provides for a multi-tier institutional mechanism to ensure the safe functioning of dams and prevent dam failure-related disasters.

Q: What is the role of the National Dam Safety Authority (NDSA)?
A: The NDSA is established under the Dam Safety Act, 2021, and is responsible for the surveillance, inspection, operation, and maintenance of dams. It also acts as the State Dam Safety Organisation for the purposes of the Act.

Q: What was the Supreme Court’s decision regarding the Mullaperiyar Dam?
A: The Supreme Court ordered the strengthening of the existing Supervisory Committee for the Mullaperiyar Dam and empowered it to function as the NDSA until the regular NDSA is established.

Q: What are the key changes to the Supervisory Committee?
A: The Supervisory Committee has been reconstituted to include two technical experts, one each from the states of Kerala and Tamil Nadu. It is also empowered to discharge all functions and exercise all powers of the NDSA.

Q: What is the responsibility of the Chief Secretaries of the concerned states?
A: The Chief Secretaries of the concerned states are personally responsible for ensuring compliance with the directions of the Supervisory Committee.

Q: What does this judgment mean for the safety of the Mullaperiyar Dam?
A: This judgment ensures that the Mullaperiyar Dam is under the supervision of a strengthened committee that is empowered to take all necessary measures to ensure the dam’s safety and prevent dam failure-related disasters.