to perform all duties and functions in relation to dam safety
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 880 OF 2020
DR. JOE JOSEPH & ORS. ...PETITIONERS
VERSUS
STATE OF TAMIL NADU & ORS. RESPONDENTS
O R D E R dated April 08, 2022
by 3 Judge bench
1. During the pendency of these matters, a new law has been
enacted by the Parliament titled the Dam Safety Act, 20211
, which
has received assent of the President on 13.12.2021 and has been
notified vide gazette dated 14.12.2021. As per the note filed by
respondent No. 3, the appointed date for coming into force of the 2021
Act has been specified as 30.12.2021.
1
for short, the 2021 Act
2
2. The 2021 Act deals with subjects which are broadly matters in
issue in the present petitions such as surveillance, inspection,
operation and maintenance of the Mullaperiyar Dam including for
prevention of dam failure related disasters.
3. The 2021 Act predicates that multi-tier institutional mechanism
be established for providing institutional mechanism to ensure the
safe functioning of the concerned dam(s) and for matters connected
therewith or incidental thereto. Section 5 mandates constitution of
National Committee who is required to discharge functions delineated
in Section 6 of the 2021 Act. For the purposes of surveillance,
inspection, operation and maintenance of the dams such as
Mullaperiyar Dam, which is the subject matter in these proceedings,
the responsibility is fastened upon the National Dam Safety Authority2
established under Section 8 of the 2021 Act. The functions of the
Authority so established have been spelt out in Section 9 of the 2021
Act. Further, by virtue of the first proviso to Section 24(1) of the Act,
the National Dam Safety Authority has also to act as the State Dam
Safety Organisation for the purposes of this Act and to perform all
duties and functions in relation to dam safety as relates the Dam in
question.
4. Suffice it to observe that the sweep of the 2021 Act is very wide
and comprehensive, as it focusses on all aspects regarding the safety
of specified dams across the country, including the Mullaperiyar Dam.
It also provides for objective standards for ensuring proper
maintenance and institutional mechanism for safe functioning of the
concerned dams and for matters connected therewith.