New Delhi, Wednesday 03 February 2010: Kerala has demanded before the Supreme Court that they need the control of the new dam being built in Mullaperiyar. They added that the construction costs of the dam will be borne by them.

Tamil Nadu had informed the court on Monday that they will accept Kerala’s demand of a new dam in Mullaperiyar if they can control it.

Kerala’s counsel Harish Salve informed Court that, the state would continue to give water to Tamil Nadu for agricultural purposes even if a new dam comes.

The constitution bench began hearing the interstate dispute between Tamil Nadu and Kerala since January 19 2010.

The 113-year-old Mullaperiyar dam, located in Kerala’s Idukki district, is a bone of contention between Kerala and Tamil Nadu. Kerala wanted the dam de-commissioned on the grounds that it has exceeded its life span and poses threat to the lives of millions of people in its periphery.
Tamil Nadu is opposed to any such move, saying the dam, despite being in Kerala, is under its control due to historical reasons.

The erstwhile kingdom of Travancore, now part of Kerala, had leased out 8,000 acres of its land in 1886 for 999 years to the then secretary of British India for construction of the dam, which was eventually commissioned in 1895.

The 1886 lease deed, known as the Periyar Lease Dead, was amended in 1970 to give Kerala an exclusive right of fishing in the Periyar water while Tamil Nadu was given an exclusive right to generate electricity from the dam on payment of Rs.12 to Rs.18 per kilo watt of generated power to Kerala.

Earlier, in 2007 the apex court had allowed Tamil Nadu to raise the water level in the dam from 136 feet to 142 feet.

Kerala, however, enacted a law, negating the Supreme Court judgment and restraining Tamil Nadu from raising the water level beyond 136 feet.

It further obtained an environmental clearance for constructing a new dam. This led to Tamil Nadu approaching the apex court challenging Kerala’s move.