The Supreme Court on Monday sought responses from the Union government, Tamil Nadu and Kerala on a petition seeking the decommissioning of the 130-year-old Mullaperiyar dam and the construction of a new structure to replace it, reported Bar and Bench.

The petition was filed by the non-governmental organisation Save Kerala Brigade. The organisation has highlighted concerns about the dam’s structural safety due to climate change, excessive floods and its placement in a high-intensity seismic zone, according to Live Law.

The dam, built in 1895, is situated in the Idukki district on the Periyar River in Kerala. However, it is managed by the Tamil Nadu government under a pre-Independence lease agreement signed between the princely State of Travancore and the British-era Madras Presidency.

During the hearing on Monday, advocate V Giri, appearing for the petitioner, told a bench of Chief Justice BR Gavai and Justice K Vinod Chandran that the dam had “long ago exceeded its design life” and posed a threat to the lives and property of nearly one crore persons living downstream.

The petitioner sought three main reliefs – a court-supervised expert inspection of the dam, an interim reduction of the water level as a safety measure and directions for the preparation of a detailed safety reassessment, Live Law reported.

The chief justice remarked that the dam is one of the oldest and some directions could be issued to strengthen it.

In January, a separate bench led by Justice Surya Kant had sought the Centre’s view on setting up a Dam Safety Authority while hearing another dispute involving the Mullaperiyar dam.

The dispute

The dam has been a point of contention between Kerala and Tamil Nadu for long.

In 2022, Kerala announced that it would construct a new reservoir to replace the dam, citing structural problems with the existing structure. However, Tamil Nadu opposed the move, stating that the dam is essential for irrigation and drinking water supply to several districts in the state.

Kerala has also proposed that the water level of the 130-year-old dam should be reduced to 138 feet. Tamil Nadu, however, wants the levels to be raised to 152 feet, claiming that the Mullaperiyar dam would be able to take on the additional pressure. The Supreme Court had fixed the water level at 142 feet in 2014.

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