Explore the intricate legal analysis surrounding dam safety oversight in India, focusing on the recent court judgments and expert opinions. Stay informed about the evolving regulatory landscape and the role of supervisory committees in ensuring the safety and maintenance of critical infrastructure. Follow for insightful updates on this important legal issue.
Facts
- The appointed date for coming into force of the 2021 Act has been specified as 30.12.2021.
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Analysis
- The Supervisory Committee is to be strengthened with two technical experts from Kerala and Tamil Nadu in dam management.
- The Supervisory Committee will function until the regular NDSA is operational, ensuring dam safety and disaster prevention.
- The reconstituted Supervisory Committee will have powers and functions in line with the 2021 Act.
- The regular NDSA is required to be established for long-term dam safety management.
- The Supervisory Committee will oversee operational issues and ensure all directions are followed by the Chief Secretary.
- The temporary NDSA structure created by the CWC is a stepping stone towards establishing the regular NDSA.
- Logistical assistance from the Government of India is mandated for the Supervisory Committee.
- The NDSA is also to act as the State Dam Safety Organisation as per the 2021 Act.
- The 2021 Act provides comprehensive guidelines for dam safety and maintenance.
- The reconstituted Supervisory Committee will address all pending safety matters of the Mullaperiyar Dam.
- The Supreme Court constituted a Supervisory Committee for the Mullaperiyar Dam.
- The Committee consists of three members.
- One member is from the Central Water Commission.
- The other two members represent the states of Tamil Nadu and Kerala.
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Decision
- Interim arrangement in place until regular NDSA under the 2021 Act is fully functional.
- Supervisory Committee deemed to discharge functions of NDSA until regular NDSA is established.
- Hope for timely establishment of regular NDSA under the 2021 Act.
- Supervisory Committee to consider representations or suggestions from locals and take appropriate measures.
- Matters to be notified on 11.05.2022 for compliance-cum-status report by the Supervisory Committee and other reliefs.
- Supervisory Committee to continue task in absence of expert member nomination by the State party.
- Parties to cooperate for compliance with directions of the Supervisory Committee for maintenance and safety of the Mullaperiyar Dam.
- Parties/Supervisory Committee can approach the Court in case of exigency before the next hearing.
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Case Title: DR. JOE JOSEPH Vs. STATE OF TAMIL NADU (2022 INSC 409)
Case Number: W.P.(C) No.-000880 / 2020
