Context: The Supreme Court on Monday fixed July 10 for finalising the legal issues to be heard and decided by it in an original suit filed by Tamil Nadu against neighbouring Kerala over the construction of a mega parking project near the Mullaperiyar dam.
The Supreme Court earlier directed the Survey of India to examine whether a mega car park envisaged by Kerala near the Mullaperiyar dam area enters the property covered by the Periyar Lake Lease Agreement of October 1886.
About Mullaperiyar Dam
- The river and the dam are so called because the dam is located after the confluence of the Mullayar and Periyar rivers.
- The dam is 155 ft high and 1200 ft long. Its construction began in 1887 and was completed in 1895.
- The first dam, which was built by the British Corps of Royal Engineers, was washed away by floods. Thereafter, a second stonework dam was built in 1895.
- The dam's purpose was to divert the waters of the west-flowing River Periyar eastward to the arid rain shadow regions of the Theni, Madurai, Sivaganga and Ramanathapuram districts of Tamil Nadu.
- The construction of the dam paved the way for the creation of the artificial lake at the Centre of the Reserve. The Periyar Tiger Reserve covers the area inclusive of and around an artificial lake, created because of the construction of the Mullaperiyar Dam.
- The dam was built to meet the water requirements of the temple town of Madurai in Tamil Nadu.
- Hence, though the dam is situated in Kerala, it is operated by the Tamil Nadu Government. It was according to a 999-year lease agreement (Periyar Lake Lease Agreement) made during the British rule that the operational rights were handed over to Tamil Nadu.
- The Periyar Lease Agreement granted permission to Tamil Nadu to divert water from the Mullaperiyar river basin in Kerala to Theni to irrigate five arid districts.
- As per the agreement, Tamil Nadu was given exclusive right and liberty to use the land at the confluence of the Periyar and Mullayar, in addition to 100 acres for constructing the dam.
- The agreement also gave the right to the neighboring state to use water from the dam for irrigation purposes.