New Delhi: The Supreme Court has rejected Kerala government’s plea seeking review of its May 7 verdict holding 120-year-old Mullaperiyar dam safe and allowing Tamil Nadu to raise water level to 142 feet and ultimately to 152 feet after completion of strengthening measures on the dam.
In its review petition, the State government had said, "...section 177 did not apply because neither the Federation of India was established as contemplated under section 5 nor the Indian State (Princely State) of Travancore executed any accession under the provisions of section 6 of the Act of 1935."
"The error is due to erroneous assumption of the fact that the Federation of India was established and consequently, contracts of secretary of State devolved on Madras province under section 177," it said.
The five-judge Constitution Bench headed by Chief Justice RM Lodha on May 7 had passed the judgement striking down a law promulgated by Kerala government declaring Mullaperiyar dam as endangered and fixing the water level at 136 feet.
The apex court had also pulled up the Kerala government for enacting a law which overruled its verdict of 2006 by which it had declared the dam safe and allowed Tamil Nadu authorities to raise the water level.