By Liz Mathew,
New Delhi, Sep 3 (IANS) Kerala wants a permanent negotiated settlement to its lingering dispute with Tamil Nadu over the height of the Mullaperiyar dam but it may take recourse to legal options too, says state Water Resources Minister N.K. Premachandran.
"We are trying to settle the issue and get a permanent solution through negotiations and mutual agreement with Tamil Nadu," Premachandran told IANS in an interview here.
The Mullaperiyar dam, situated in Kerala's Idukki district bordering Tamil Nadu, was given on lease to the latter for 999 years in 1886. The then Travancore Maharaja and the government of Madras signed the lease deed. The dam, built by Tamil Nadu in 1895, has been a bone of contention between the two southern neighbours for years.
Tamil Nadu, which faces acute water shortage, wants to raise the height of the dam from 136 to 142 feet. Kerala has objected saying the dam, built with rough masonry and limestone, is unsafe and is located on a seismic zone.
Kerala says any damage to the dam would put in danger at least three million people in five Kerala districts - Idukki, Kottayam, Ernakulam, Alappuzha and Pathanamthitta.
Premachandran, who was here as part of a Kerala all-party delegation, met Prime Minister Manmohan Singh last week and sought his intervention. The delegation asked the prime minister to facilitate discussions or mediate with Tamil Nadu to settle the dispute.
"The Kerala government cannot make any compromise with the safety of the life and property of our citizens," he asserted.
According to the minister, Manmohan Singh has asked Law Minister H.R. Bharadwaj and Water Resources Minister Saifuddin Soz to look into the issue.
"Manmohan Singh will also speak to Tamil Nadu Chief Minister (M. Karunanidhi). The discussions will begin in two weeks.
"We are hopeful things could be settled amicably with two chief ministers (V.S. Achuthanandan and K. Karunanidhi) at the helm of affairs," the minister said.
In 1979, the two states had, under the directions of the Central Water Commission, agreed to construct a new dam. "This proposal needs to be brought forward through dialogue," he said.
The water level was reduced to 136 ft by mutual consent after the condition of the dam deteriorated. But Tamil Nadu got a Supreme Court verdict in its favour in February to go ahead with raising the height.
However, three mild intensity quakes in the area - December 2000, January 2001 and August 2006 - forced the Kerala government to take up the issue more seriously.
Premachandran said Kerala had its legal options open.
"A dam safety authority, which was constituted through a state legislation in 2003, has been empowered to look into the safety of all the dams in the state. But Tamil Nadu has filed a suit against the state's move in the Supreme Court. It is still pending," Premachandran said.
"When the tremor occurred last month, our chief engineers went to check the seepage of water at the dam but Tamil Nadu refused to allow them. It was a violation of the lease deed.
"Under the rules the lessor (Kerala) has the permission to enter the premises and examine the safety of the dam. We can go to the court to revoke the lease deed," he explained.
The Kerala minister said the February verdict of the apex court was on the basis of a "biased report" by an expert committee.
"The constitution of that expert committee itself was wrong and controversial. We managed to get one of our representatives in the team after much difficulty. But the committee refused to record his note of dissent.
"The situation at the dam is very dangerous. Various technical teams and our legislative committees have found that the dam is not safe. Its location on a seismic zone can put the dam in danger even during a low intensity tremor."