Tag Archives: water dispute

Conclusions of empowered committee of SC in Mullaperiyar case

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The final hearing of the Mullaperiyar case is likely to begin in February next year before the Supreme Court. (The date is tentatively fixed as February 19, 2013). The report of the Empowered Committee of the Supreme Court on Mullaperiyar Dam has gone totally against Kerala. So, Kerala will have to disprove the Committee’s findings or advance fresh and acceptable arguments if it is to win the case. The Court has said that that it would not accept fresh evidence including the Dam Break Analysis.

Baby dam

Baby dam saddling the main Mullaperiyar dam. Repairs were carried out to this dam despite objection from Kerala but with tacit support by officials. Another round of repairs are underway now, reportedly with the permission of the courts.      Photo: Roy Mathew

It is notable that the Committee has suggested repairs to the dam even while holding that the dam was hydrologically, structurally and seismically safe. The repairs have already begun.

The repairs proposed include treatment of upstream surface of dam, reaming of drainage holes, instrumentation and grouting of dam body. It has also suggested “periodical monitoring, analysis and leading away the seepage from toe of the dam towards downstream “.

The Committee found that the dam has not been adversely affected by leeching of lime dissolved in seepage water and rejected Kerala’s contentions in this regard. (That leaching has occurred is something that even Tamil Nadu had admitted. The dam had already been grouted for this reason and further grouting is proposed by the Committee itself. )
It said that the precautionary principle is not applicable as the dam has been found safe, and added that the Dam Break Flood Analysis and Emergency Action Plan do serve as precautionary measures. The findings of studies by Indian Institute of Technology, Roorkie and Delhi were rejected.

The Committee said that it did not accept the scare of a dam break flood wave because the Kerala government had not prepared dam break flood analysis. (The dam break analysis has since been done and it leaves little doubt that a dam break would be catastrophic.)

Conclusions of the Report in full at Expert-Eyes.org
Appraisal and analysis of various studies by EC Committee(Chapter VI of report)
Report of the Empowered Committee of the Supreme Court– all chapters
Mullaperiyar Dam break analysis by IIT Roorkee
Structural stability analysis of Mullaperiyar dam

Mullaperiyar: strategic failure of Kerala government

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The report of the empowered committee of the Supreme Court is the result of a strategic failure from the part of the Kerala government.

The Central Water Commission was actually the opposite party in the case for Kerala. Yet, it failed to prevent those associated with the Commission from undertaking safety related assessment of the Mullaperiyar dam.  (Technical members of the Committee C.D. Thatte and D. K. Mehta were former Secretary to the Ministry of Water Resources and retired Chief Engineer, Central Water Commission respectively.)

Kerala nominated retired Supreme Court Judge K. T. Thomas to the committee. This was a strategic mistake as what Kerala needed was a man who could understand and judge technical matters and argue on technical issues.  Kerala could have better argued legal points before the Court itself instead of having a legal luminary in the committee. It seems that Mr. Thomas did not push forward any legal issues. He failed to express his views strongly on technical matters, he being not a technical expert.  The result is the finding by essentially by Mr. Thatte and Mehta that the dam is structurally and hydrologically safe.

In the process, they ignored studies by IIT, Roorkie and IIT Delhi which had found that the dam was not structurally and hydrologically safe.  It was true that they had done the studies in a hurry and this affected its quality. However, there were irrefutable facts in their reports which the twosome has ignored.

Core sampling and its examination for strength was important in determining whether the dam was strong enough to withstand earthquakes and higher water levels.  During drilling, proper samples could not be obtained except from the foundation, apparently because portions of the old dam were hollow.  However, it seems that the committee submitted its report before the results of the study came in.  Kerala should have insisted that the report should wait the finding of the study.

Now, Kerala would find it extremely difficult to argue technical points before the Court. The Court cannot be convinced easily that the dam is unsafe, as judges would attach value to the report of the empowered committee.

It may also be worth examining why Kerala made strategic mistakes.  The government had always failure to act in time and in a coordinated manner. Its engineers did not see eye-to-eye on several matters. Its lawyers were not often briefed properly by its engineers. Politicians concentrated on playing to the gallery and there were often allegations against both the politicians and officials who were in charge of fighting the Mullaperiyar case over the past two decades.  It is also worth noting that Tamil Nadu Chief Minister J. Jayalalithaa herself had alleged that Kerala politicians had land in areas irrigated by waters from Mullapeiryar.

For further reading:
Mullaperiyar– in search of truth
Mullaperiyar and dam safety
Mullaperiyar dam dispute
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