Saturday, December 10, 2011

TN CM's appeal on Mullaiperiyar Dam

Vouching for the safety of the retrofitted  Mullaiperiyar Dam, Tamilnadu Chief Minister J Jayalalithaa today appealed to the people of Kerala not to succumb to any divisive forces in the interest of both the States which were committed to maintaining and cherishing cordial relations.
In a passionate appeal to the people of Kerala, made in the form of a full page advertisement released to newspapers, the Chief Minister said there was no valid reason to believe that the dam was unsafe.
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'The Mullaiperiyar Dam is as good as new', she said, allaying the fears of the dam safety.
'It is unfortunate that a fear psychosis among the people of Kerala is being built up. As the dam is fully safe and as  good as new, the people of Kerala should see through the  machinations of vested interests and should feel secure that the retrofitted Mullaiperiyar Dam is as good as new and therefore not a threat to the lives and properties of the people of the region', she added.
Noting that the Mullaiperiyar Dam was a gravity dam built  in 1886-1895, Jayalalithaa said gravity dams use their weight to resist the water pressure and other external forces like wave pressure and earthquake for the reservoir to remain stable.
Tracing the history of the dam, she recalled that  strengthening works carried out from 1980 to 1994 on the  recommendations of the Central Water Commission Chairman. 'The dam is safe and adequate steps have been taken by Tamilnadu to ensure its safety', she added.
Reiterating that there was no threat to the lives and  properties of the people of the region, Jayalalithaa said the human settlements in the area were much above the reach of the flood waters of the Mullai Periyar Dam.
'The Idukki Reservoir in Kerala is designed to absorb the flood and to moderate flood up to about 4,00,000 cubic feet of water per second', she added.
Pointing to the 27 February, 2006 observations made by the Supreme Court, Jayalalithaa said 'it is the case of the State of Kerala that despite the copious rain, the Idukki Reservoir is not filled to its capacity. While the capacity  of the reservoir is 70.5 tmc, it was filled only to the extent of 57.365 tmc'.
'This also shows that assuming the worst happens more than 11 tmc water would be taken by Idukki Dam. When the waters  reach Idukki Dam, which is about 50 km away, it will have  only a velocity of 3 ft per second', she added.  
She said it was also reported that when the water level at Mullaiperiyar Dam was 136 ft , the water spread area was 4678 acres and that if the water was stored to 155 ft, the water spread area would be 8591 acres.
'Since water has not been stored about 136 ft for a long time, the water spread area has been encroached upon by land grabbers in Kerala, who have built resorts and other buildings on the lands leased to Tamilnadu', Jayalalithaa noted.
She said if the water level was increased from 136 ft, these resorts would get submerged in water. 'This is also cited by some as the possible reason for the plea to decommision the Mullaiperiyar Dam', she said, adding, there was no valid reason to believe that the dam was unsafe.
Jayalalithaa referred to the Supreme Court orders of 27 Febraury, 2006 allowing Tamilnadu to raise the storage  level in the dam from 136 ft to 142 ft initially and then to 152 ft after carrying out the remaining strengthening  works and said Kerala had nullified it through a legislation.
'To thwart the Supreme Court order, 'the Kerala Irrigation Water Conservation (Amendment) Act 2006' was passed by the Kerala Legislative Assembly and the amended Act came into force from 18 March, 2006', she said and added that the maximum water level of the Mullai Periyar Dam was fixed at 136 feet by this Act.
She said the suit filed by the Tamilnadu government  challenging the Constitutional validity of this Amendment was still pending in the Supreme Court.
She also referred to the strictures passed by the Apex Court against the Kerala government for its legislation to thwart implementation of the Supreme Court order.  
While hearing the Tamilnadu's petition in October 2009,  the Supreme Court Bench observed that  'if every state in inter-State disputes sought enacting a legislation not to give effect to our judgement, it would have serious consequences'.
'When this court said that Tamilnadu can raise the water level upto 142 ft, can you (Kerala) nullify it by enacting a  legislation and fixing the water level at 136 ft', the  Bench asked, observing 'what is the sanctity of the Supreme Court if its judgements are not implemented'.
When the Kerala Counsel said the State had to come up with a legislation as it was concerned with the safety of its people, the Bench retorted 'this court is equally concerned with the  safety of the people. The Court had taken all the facts and concerns expressed by the two parties before passing the decree', she recalled.