Crux of the problem-
• Fear of Keralites –About the strength of the 116 years old dam.
• Apprehension of Tamilians- New dam means fresh terms and conditions of the lease and the deal might be demeaning afterall.
Facts and issues of the matter-
• Lease Deed Dt.29.10.1886 between the then governments of Travancore and Madras for lease of nearly 8000 acres of land for the building and operating the project work of diversion of Periyar waters to the land in Madras Presidency.
• Subsequent supplemental agreements Dt. 29.5.1970 enhancing the annual lease rent, relinquishing fishing rights in favour of Kerala and payment of royalty to Kerala for the hydro-electric power generation by Tamilnadu.
• The dam and the river are owned by and located in Kerala but the dam is controlled and operated under a period lease by neighboring Tamil Nadu state.
• And the term of THE LEASE DEED IS 999 years!
• Safety concerns posed by the 116 year old dam in the event of a dam collapse, have been the focus of disputes from 2009 onward. Kerala's proposal for decommissioning the dam and construction of a new dam, has been challenged by Tamil Nadu.
• W.P ( C) No. 386 of 2001 (Mulla Periyar Environmental Protection Forum Vs Union of India and Ors)- the Supreme Court in its Judgement dated 27.2.2006, permitted the Government of Tamil Nadu to raise the water level of Mulla Periyar dam from 136 ft. to 142 ft. and take up the remaining strengthening measures.
• The Kerala Irrigation and Water Conservation (Amendment) Act 2006 passed on 18.3.2006 prohibiting the raising of water level beyond 136 ft. in the Mulla Periyar Dam in view of endangered safety .
• Suit No. 3 of 2006 - State of Tamil Nadu v/s State of Kerala and Union of India for permanent injunction restraining Kerala from application and enforcing impunged legislation enforcing with or obstructing Tamil Nadu from increasing the water level to 142 feet and from carrying out the repair works as per judgment of Supreme Court dated 27th February 2006.
• The Supreme Court passed status quo orders dt.10.11.2009.
• Subsequently an empowered Committee was constituted to study all issues relating to dam’s safety and the Full Reservoir Level (FRL)and furnish a report in pursuance of the orders dt.29.2.2010 of the Five Judge Bench of the Supreme Court.
Possible amicable Settlement-
• Security issues to be delinked from revenue aspect.
• Mutual agreement to amend the terms of old lease deed.
• Rights and liabilities to be determined based on case history.
• Further investments and allocation of water to be a joint agreement .Contemplating the construction of new dam retaining the old dam to mitigate the damage due to water overload and pressure. So water level can be increased to 142 ft. to 152ft.
• Exploring the technical feasibility of alternative arrangements of water supply to meet the requirement of Tamilnadu.