Mullaperiyar: New case provides a ray of hope for Kerala

KOCHI: The Supreme Court's decision to examine the validity of the Mullaperiyar lease agreement has provided a ray of hope for Kerala. The apex court made the decision in favour of Kerala while considering the petition filed by Tamil Nadu as part of the decades-old dispute between the two states.

Kerala had not taken the lead and approached the Supreme Court when the safety of the dam and the validity of the agreement were hotly debated. Even the petition that led to the first Supreme Court verdict against Kerala in 2006 was filed by private individuals in the name of the Mullaperiyar Environmental Protection Committee. Although the court issued the verdict in favour of Tamil Nadu, it was not implemented.

In March 2006, Tamil Nadu again approached the Supreme Court arguing that Kerala amended the Dam Safety Act to override the Supreme Court verdict. On May 7, 2014, the Constitution bench headed by the then Supreme Court Chief Justice RM Lodha disposed of the case by issuing a verdict against Kerala. Yet, Kerala did not even examine the possibility of a review petition.

On August 3, the Supreme Court made a decision in favour of Kerala while considering another petition, OS 4/2014, filed by Tamil Nadu. The Mullaperiyar dam will come under the control of Kerala if it effectively exploits this favourable situation.

Dispute related to parking lot

Tamil Nadu filed this petition in a dispute related to a vehicle parking lot constructed by the Kerala Forest Department at Kumily Anavachal Maidan, the entrance gate of the Periyar Tiger Sanctuary. In its petition, Tamil Nadu contended that the land in question belonged to them as per the terms of the 1886 lease agreement and was encroached on by the Kerala Forest Department.

Kerala's stand is that this lease agreement is invalid. The 999-year lease agreement was signed on October 29, 1886, between the Government of Madras, a part of British India, and the princely state of Travancore. In 2014, in case OS 3/2006, the Constitution Bench had ruled that the Mullaperiyar lease agreement was valid. Kerala did not file a revision petition against this either.