Context

The Mullaperiyar Dam, a 128-year-old masonry gravity dam located in the Idukki district of Kerala, has been a point of contention between the states of Kerala and Tamil Nadu for decades. The dam, owned and operated by Tamil Nadu, is crucial for irrigating several districts in the state. Recently, a fresh dispute arose when the Expert Appraisal Committee (EAC) of the Ministry of Environment, Forest and Climate Change (MoEF) cancelled its meeting that was scheduled to consider Kerala’s request for new Terms of Reference (ToR) for conducting an Environment Impact Assessment (EIA) for a proposed new dam at the same location. This cancellation and the circumstances surrounding it have rekindled the longstanding conflict between the two states.

Background and Stated Positions

The Mullaperiyar Dam is not just a significant piece of infrastructure but also a symbol of the strained relations between Kerala and Tamil Nadu. The dam, situated in Kerala, provides water to Tamil Nadu, which uses it to irrigate its arid regions, including Theni, Madurai, Sivaganga, and Ramanathapuram districts. Over the years, the safety and management of the dam have been subjects of intense legal and political battles.

Kerala's position is primarily centered on the safety concerns regarding the aging dam. The state government has been advocating for the construction of a new dam to replace the old structure, citing the risks associated with the current one, especially in the wake of severe floods in 2018 and 2019. Kerala argues that the existing dam is no longer sufficient to meet modern safety standards and that a new dam would ensure the safety and security of the people living downstream.

On the other hand, Tamil Nadu maintains that the existing dam is structurally sound and safe, as verified by various expert committees and upheld by the Supreme Court on multiple occasions. Tamil Nadu relies heavily on the water from Mullaperiyar for its agricultural needs and views any move to decommission or replace the dam as a direct threat to its water security.

Kerala’s Request for New Terms of Reference

Kerala's recent move to seek a new ToR from the EAC is part of its broader strategy to lay the groundwork for the construction of a new dam. The earlier ToR, issued in November 2018, expired last year, necessitating a fresh request. Kerala officials argue that an updated ToR is essential to conduct a comprehensive EIA that takes into account the changed environmental conditions, particularly after the floods of 2018 and 2019. The EIA would help in assessing the potential environmental impacts of constructing a new dam.

The need for a new EIA is also driven by significant changes in the dam's design since the last Detailed Project Report (DPR) was prepared in 2011. These changes, according to Kerala, are crucial for ensuring the new structure meets all safety and environmental standards. Additionally, the proposed site for the new dam lies within the Periyar Tiger Reserve, a protected area, making it mandatory to secure environmental clearances, including approval from the National Board for Wild Life (NBWL).

Tamil Nadu’s Objections

Tamil Nadu has strongly opposed Kerala’s request for a new ToR. Chief Minister M.K. Stalin wrote to the Union Minister of the MoEF, Bhupender Yadav, urging the Ministry and the EAC to drop Kerala’s proposal from their agenda. Tamil Nadu's primary argument is that considering Kerala's proposal would violate an earlier Supreme Court order, which emphasized the safety of the existing dam and stipulated that any new studies or constructions would require the Court's permission.

Tamil Nadu contends that the Supreme Court has already deemed the existing dam safe on several occasions, and hence, there is no need for a new EIA or ToR. The state also warned that any move to entertain Kerala’s request would amount to contempt of court and hinted at potential legal actions, including filing contempt petitions if the orders of the apex court were not followed.

Kerala’s Counter-Arguments

In response, Kerala officials argue that their request for a new ToR is in compliance with legal requirements and that Tamil Nadu is misinterpreting the Supreme Court's directives. Kerala points out that the Court had dismissed an Interlocutory Application (IA) by Tamil Nadu in 2015, which sought to prevent Kerala from conducting EIA studies and to revoke the NBWL’s order permitting the EIA. This dismissal, Kerala claims, invalidates Tamil Nadu's objections.

Kerala emphasizes that the state needs updated environmental data to prepare an accurate DPR for the new dam. The new ToR and subsequent EIA would provide critical information about the environmental impacts of the new construction, especially given the changed landscape after recent floods. This data is essential for securing the necessary clearances from various environmental and wildlife authorities.

The Need for Fresh Terms of Reference

Kerala insists that new ToR are essential due to changes introduced in the dam’s design, which have altered since the previous DPR was drafted. The estimated cost of the new dam has also increased from the earlier projection of ₹800 crore. Given that the proposed site lies within a protected area, obtaining a comprehensive EIA is crucial for documenting the environmental impacts and seeking statutory clearances.

Furthermore, the proposed construction will involve using forest land within the Periyar Tiger Reserve, necessitating permissions from the Union Ministry and the Supreme Court. These permissions can only be obtained through a detailed EIA, which is why Kerala is pressing for new ToR.

Potential for Consensus and Legal Battles

The history of legal disputes between Kerala and Tamil Nadu over the Mullaperiyar Dam dates back to 1996. Initially, the conflicts revolved around the safety concerns of the existing dam. However, since 1998, the legal battles have expanded to include multiple Public Interest Litigations (PILs) and writ petitions challenging various actions by both states.

The current situation suggests that more legal confrontations are likely. Kerala's ongoing preparations for a new dam will require Tamil Nadu’s consent, as mandated by a Supreme Court order in 2014. Without Tamil Nadu's agreement, Kerala cannot proceed with the construction, leading to a potential deadlock.

Conclusion

The Mullaperiyar Dam dispute encapsulates the complex interplay of environmental concerns, legal mandates, and inter-state politics. While Kerala is driven by the need to ensure safety and environmental compliance, Tamil Nadu's focus remains on securing its water resources for agricultural and drinking purposes. The recent cancellation of the EAC meeting underscores the deep-seated mistrust and legal complexities that have characterized the Mullaperiyar Dam issue for decades. Moving forward, both states must navigate a challenging path that balances legal obligations, environmental imperatives, and the practical needs of their populations.

Source - The Hindu