Supreme Court of India(SCI) rejects Kerala plea to review Mullaperiyar verdict WEdnesday Dec 03,2014

 

In a major setback to Kerala, the Supreme Court has reaffirmed the May 07,2014 verdict allowing Tamil Nadu to raise the water level in the Mullaperiyar dam from 136 ft to 142 ft. 

The SC had in May quashed a law enacted by the State to prevent Tamil Nadu from raising the water level.

“We see no ground to interfere with our judgment dated May 7, 2014,” said a five-judge bench of Chief Justice H.L. Dattu and Justices J. Chelameswar, Madan B. Lokur, M.Y. Eqbal and C. Nagappan while dismissing the petition filed by Kerala seeking a review of the verdict


May 07,2014 verdict

In a major victory for Tamil Nadu, the Supreme Court declared as unconstitutional the law passed by Kerala in 2006, constituting the Dam Safety Authority to prevent the State from raising water level in the Mullaperiyar Dam from 136 ft to 142 ft. 

A 5-judge Constitution Bench of Chief Justice R.M. Lodha and Justices H.L. Dattu, C.K. Prasad, Madan B. Lokur and M.Y. Eqbal, allowing the suit filed by TN permanently restrained Kerala from interfering with the rights of Tamil Nadu from raising the water level in the dam from 136 ft to 142 ft. 

Justice Lodha, who wrote the judgment, also restrained Kerala from enforcing its law on Tamil Nadu. By enacting the law and fixing the storage height of the dam at 136 ft, Kerala had nullified the 2006 judgment and usurped judicial power and thus interfered with the judicial functioning.

The Bench said the Constitution envisaged separation of powers among the Executive, Judiciary and Legislature and one should not encroach into the domain of the other. Independence of the judiciary and courts alone would ensure rule of law, the Bench said. 

Note

 

On a suit filed by Tamil Nadu, the apex court in 2006 permitted the State to raise the water level from 136 ft to 142 ft. 

Within 15 days of the verdict, Kerala enacted a law and constituted Dam Safety Authority to prevent Tamil Nadu from raising the water level beyond 136 ft.

 In April 2006, Tamil Nadu filed a fresh suit to declare the law as unconstitutional. 

On May 07,2014, after 8 years the SC decreed the suit in favour of Tamil Nadu.