Thread by @LawBeatInd

#SupremeCourt to hear matter pertaining to alleged “inaction” of Court-appointed Supervisory committee regarding safety of the Mullaperiyar Dam.
#Mullaperiyar #DamSafety

J Khanwilkar: This is not adversarial, please don't consider it as a adversarial litigation. We are not going to decide here the political issues. We'll give opportunity to everyone.

#Mullaperiyar

Senior Advocate Jaideep Gupta appearing for State of Kerala: Milords in the Joe Joseph matter the petitioners have objected to Sub-committee.

Gupta: In this WP there is one IA by Sachis Technology saying that they have technology that may be used for the purpose of instrumentation.
Another is by Save Kerala Brigade and there is an IA in it which raises one issue.
Third one is Periyar Valley Protection.

Gupta: Fourth is by Surakhsha Charitable Trust seeking building of a protective wall. This is the substance of the matter.
#Mullaperiyar

I have prepared a chronology, Gupta added.

J Khanwilkar: Broadly the issue is of structural establishment and water level.

#Mullaperiyar

Gupta: Yes Milords, The Supervisory Committee has the members of the State of Tamil Nadu, State of Kerala. Kerala member has given a letter that no consent was given to appoint AOR.

J Khanwilkar: Then we'll appoint him as Amicus, repeatedly we are telling it is not adversarial.

Gupta is now giving a picture of the Mullaperiyar dam and the issues around it. (Referring to the photograph of the dam)

#Mullaperiyar

Gupta giving visual details of the dam, It is a dam at a high altitude and there is forest around it. There is river Periyar it goes from the east to west, the legth is 232 KM.
#Mullaperiyar

Gupta: This 114 sq KM fall in the state of Tamil Nadu which makes it interstate river, it starts in Kerala and ends in Kerala but in between the basin is in Tamil Nadu. Tamil Nadu people call it Mullaiperiyar and Kerala people call it #Mullaperiyar.

Gupta: In this dam the water is going into another river's basin, it goes from the river basin of Periyar to Vaigai river basin.

It is not a dispute related to sharing of water, the dispute only relates to Dam safety, Gupta added.
#Mullaperiyar

Gupta: The nature of the dispute in this matter is dam safety, Kerala is before Your Lordships that the dam is not safe, safety depends on the height of the water. More volume of water is pressing against the dam, there is less space at the water to hold the water.

#Mullaperiyar

Gupta: The expert committee constituted by the Central Government had suggested raising the water level in the reservoir which raises the dispute.

Gupta further referred to the Judgment in the matter before HCs.
#Mullaperiyar

J Khanwilkar: The four main issues are: about height of water level, storage level, relies of water, modernization of instrumentation, what is the other one is?

Gupta: Re-Constitution of independent supervisory committee.

#Mullaperiyar

Gupta: Other stand is about Kerala about what is to be done in long run, process for new dam has to start.

J Khanwilkar: For that the Central government has to be here

Gupta: They are here, but the Tamil Nadu Government is opposing it, construction of a new dam just downstream.

Gupta: What they (Tamil Nadu Government) are saying is, they are pushing for repairing the dam and raising the height even further.
These are roughly the issues.
#Mullaperiyar

Gupta submits that I'll first deal with instrumentation, then rule curve, then the gate operation schedule, Re-Constitution of committee point and then the longer perspective of constructing a new dam.

#Mullaperiyar

Arguing over the issue of instrumentation Gupta submitted that this dam doesn't have seismicity technology at all that is to determine the temperature.

#Mullaperiyar

Further justifying installation of instruments on the dam Gupta submitted that the purpose is to show that instrumentation is essential to ensure dam safety.

#Mullaperiyar

Gupta referring to the documents submitted that it was informed that the uplift pressure meters are not working, whereas the Tamil Nadu Government has not shared Geodatic data with the State of Kerala to ensure the shape and size.

#Mullaperiyar

Gupta said that the submission is that the Instrumentation is inadequate and what is there is not functioning, whereas, we don't know where is it going.
Now I'll come to rule curve.
#Mullaperiyar

Gupta: The rule curve/ level is a target level to be achieved in a reservoir and the demand. During various time period during water year. Rule curve is generally derived from the historical data.

#Mullaperiyar

Gupta further informed the bench that In every dam there is one peak in a year, but in #Mullaperiyar there are two peaks in a year that is not acceptable in a rule curve.

J Khanwilkar: This requirement is on the basis of typical rainfall condition, is it not?

Gupta: But this is the only dam which has 2 peaks, this allows them to store more water, this dam is being subjected to maximum pressure twice a year.

Bench: Which is the decision making authority? It is CWC.

#Mullaperiyar

Gupta: it is not a jurisdictional issue, we are saying CWC is making a mistake here.
#Mullaperiyar

Bench to continue hearing after 2:00 PM.

#Mullaperiyar

Gupta continues arguing, The climate change that has come shows that we should review this, the peak limit is 142 feet, but it should never go beyond to ensure safety.

Gupta: From the year 2017 the rain patter has changed and that is what we need to take into account

J Khanwilkar: The question is about how much water can the dam hold, so that is why it is necessary to see whether the level should be 142 feet.

#Mullaperiyar

We do not want to takeaway water from Tamil Nadu, we have taken that into account even after ensuring safety the water their water demand will be met, Gupta added.

Gupta: We have given the incidents of last few times when there was a failure on the part of gate operators where sometimes the gates were opened without prior notice and sometimes suddenly in the midnight which resulted in flooding downstream.

#Mullaperiyar

Hence, enough flood cushion has to be ensured. CWC also siad that the Gate operating schedule shall be made, Gupta added.

J Khanwilkar: Is it not possible to have a joint committee to ensure this Gate Operation Schedule.

Gupta: We have also suggested that.

#Mullaperiyar

Gupta: extreme whether condition in the Kerala region has resulted in a change is rain patters, the study reports in the trends of rainfall indicates that areas has experienced an increase in rainfall.
#Mullaperiyar

The only solution for the safety is to make a new dam in the stream region. If the Mullaperiyar dam brakes, it would result in catastrophic consequences, Gupta added.

#Mullaperiyar

Bench to continue hearing the matter tomorrow.

#Mullaperiyar