The Supreme Court of India has delineated key issues in the ongoing legal battle between Tamil Nadu and Kerala concerning alleged encroachment in the Mullaperiyar dam catchment area due to Kerala’s mega car project. The bench, consisting of Justices Abhay S Oka and AG Masih, framed the issues for consideration as follows:
- Is the suit maintainable under Article 131 of the Constitution?
- Is Kerala’s challenge to the validity of the 1886 Lease Deed barred by res judicata principles?
- Does the Government of India, under Article 249(b) of the Constitution, succeed the Lease Deed of 1886 instead of Tamil Nadu, considering the Standstill Agreement between Travancore and the Dominion of India under the Indian Independence Act, 1947?
- Is the 1886 Lease Deed valid and enforceable under current circumstances?
- Does Section 108 of the State Reorganisation Act protect the 1886 Lease Deed, considering it deals with agreements by “existing States” as defined in the Act of 1956?
- Do Kerala’s actions in the leased area constitute an infringement on Tamil Nadu’s rights under the 1886 Lease Deed?
- Is Kerala interfering with Tamil Nadu’s right to peaceful and exclusive possession under the 1886 Lease Deed and the 1970 Supplementary Agreement?
- Is the proposed mega car parking area outside the water spread area of the Mullaperiyar Dam?
- Does the proposed car park construction in the water spread area violate rights under the 1886 Lease Deed?
- Is the March 2024 Survey Report by the Survey of India accurate and relevant to the case?
- What relief is Tamil Nadu entitled to?
The case is scheduled for further directions on September 30.
Background:
In November 2023, both states agreed to a survey by the Survey of India to determine if Kerala’s mega car park project encroached on the property covered by the Periyar Lake Lease Agreement. The survey report, filed in a sealed cover in March 2024, concluded that the car park was not within the leased area, prompting Tamil Nadu to object and the court to frame these legal issues.
The Mullaperiyar dam, constructed between 1887 and 1895, diverts the west-flowing Periyar river to the east, benefiting regions within the Madras Presidency. The 1886 lease agreement, lasting 999 years, was signed between the Maharaja of Travancore and the Secretary of State for British India, covering the Periyar irrigation works.
Post-independence, the agreement was renewed in 1970, granting Tamil Nadu rights over the land and water of the dam, along with the authority to develop hydropower projects, while Kerala received rent. Tamil Nadu has since managed the Mullaperiyar dam located on the Periyar river in Kerala.
In 2014, Tamil Nadu filed a suit to permanently restrain Kerala from encroaching on the leased area, prompted by the construction of the mega car park by Kerala in the Mullaperiyar catchment area.
