New Delhi: Dismissing Kerala's arguments
as "fallacious and jugglery of words", the Supreme Court's
Constitution Bench on Wednesday asked the state to demonstrate
concrete material evidence to prove that Mullaperiyar dam
might collapse if it reaches the danger level of 155 feet.
"Your arguments are unfounded, misleading, fallacious
and jugglery of words. You should support it (claim) with
evidence," the five-judge Bench told Kerala's senior counsel
Harish Salve during the hearing.
The Constitution bench comprising Justice D K Jain, B
Sudershan Reddy, Mukundakam Sharma, R M Lodha and Deepak
Verma was constituted since it involved important
Constitutional questions relating to a state's power to enact
a law reportedly circumventing the apex court's judgement.
The apex court made the remarks as it was not impressed
with the state's argument that if the water level of the dam,
which supplies water to Tamil Nadu, was allowed to be raised
beyond 136 feet would lead to its collapse endangering public
safety as it would submerge several villages in the state.
The bench said the arguments cannot be accepted as even
during the three floods witnessed in 1924, 1943 and 1961, the
water level had reached a maximum of 152.35 feet as against
the danger level of 155 feet.
Responding to the queries, Salve offered to produce
certain evidence in support of the State's claim.
Salve argued that Kerala had every right to formulate a
law to regulate the water level of the dam as it was located
within the state.
He has claimed it was purely "an intra-state" law about
which Tamil Nadu had no right to complain or move the apex
court as, under Article 245 of the Constitution, Parliament
may make laws for the whole or any part of the territory of
India and the Legislature of a State may make laws for the
whole or any part of the State.
He contended that Kerala was only regulating the water
level in the interest of it people's safety and not in any
manner stopping supply of water to Tamil Nadu.
The arguments will resume tomorrow.
Besides, the Constitutional validity of the legislation,
the Constitution bench has also decided to sift through the
voluminous documents submitted by the two states in support of
their contentions for and against continuance of the dam.
Kerala, apart from restricting the water level, has also
simultaneously obtained an environmental clearance from the
Ministry of Environment for constructing a new dam by
demolishing the existing one, which has been challenged in the
apex court by Tamil Nadu.
Earlier, in 2007, the apex court had passed a judgement
in favour of Tamil Nadu by allowing it to raise the water
level from 136 feet to 142 feet at the century-old dam which,
though located in Kerala's Idduki district, caters to the
drinking and irrigation needs of Tamil Nadu.
Kerala subsequently brought a legislation to overcome the
Supreme Court judgement by restraining Tamil Nadu from raising
the height beyond the 136 feet saying that it posed a threat
to the safety of its people as the dam, according to it, has
outlived its durability. It had offered to construct an
alternative dam, to which Tamil Nadu is opposed.
-PTI
First Published: Wednesday, February 03, 2010, 21:31