The Supreme Court expressed dismay on Wednesday over the central government’s failure to implement the Dam Safety Act, 2021, concerning the 130-year-old Mullaperiyar Dam. Despite the legislation’s passage, essential safety measures mandated by the law remain unexecuted, putting millions at risk.
A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan voiced their concerns during a hearing prompted by a petition filed by Mathews J Nedumpara. The petition seeks a review of previous Supreme Court orders regarding the dam’s safety, highlighting the potential catastrophic impact on the 50 to 60 lakh people living downstream should the dam fail.
The Kerala government criticized the central government for enacting the Dam Safety Act ostensibly to override ongoing judicial proceedings without subsequent action. The court was informed that the national committee for dam safety, a critical component prescribed under the Act, has not yet been constituted. “We are aghast to know that despite the enactment of the Dam Safety Act by Parliament, the executive is yet to wake up from slumber,” remarked the bench.
Senior advocate V Krishnamurthy, representing Tamil Nadu, noted that while a dam safety authority was established under the new law, and an audit of the dam’s structure was anticipated, the necessary approvals and committee formations were still pending.
Further complicating the issue, the court observed discrepancies in the administrative follow-through on the Act. “We are informed that no such national committee has been constituted so far. Even the rules/regulations regarding the constitution, composition, or functions of the said national committee have not been formulated,” the order stated.
The Supreme Court also noted a recent move by the Centre to supersede a supervisory committee it had constituted in 2014 with a new committee led by the chairperson of the national dam safety authority. However, this change appears to lack a basis in the Dam Safety Act, prompting the court to seek further clarification.
To ensure compliance with its directives and the proper enactment of the Dam Safety Act, the court has solicited the assistance of the attorney general. It directed the attorney general to consult with the national dam safety authority about its obligations under the law and report back.
