Giving a huge victory to Tamil Nadu
and heartache to Kerala, the Supreme Court struck down a Kerala law and
permitted the Jayalalithaa government to raise water level in the 120-year-old
Mullaperiyar dam to 142 feet and also carry out repair work. The court had on
February 27, 2006, allowed Tamil Nadu to raise water level in the masonry dam
to 142 feet after it was termed safe by experts who conducted scientific tests.
But the Kerala assembly enacted the Kerala Irrigation and Water Conservation
(Amendment) Act, 2006, limiting the full reservoir level to 136 feet while
commissioning studies to ascertain the dam’s safety. The court struck down this
legislation, saying it breached established constitutional limitation —
separation of powers. A constitution bench, comprising Chief Justice R M Lodha
and Justice H L Dattu, Justice C K Prasad, Justice Madan B Lokur and Justice M
Y Eqbal, said this law was an attempt by the Kerala assembly to overreach the
2006 judgment, which allowed increasing the water level to 142 feet.
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