The controversy flared up when Chief Wildlife Warden of Kerala issued on November 5 an order approving the Tamil Nadu Government’s request to cut 15 trees in the 40 cents land downstream Mullaperiyar for strengthening the baby dam.

As the decision touched off an angry protest across the State, the Government cancelled the order in an immediate damage control exercise. A Cabinet meeting held in the wake of the controversy also suspended Chief Wildlife Warden Bennichan Thomas, who is one of the seniormost IFS officers in the State. The suspension followed Forest Minister A K Saseendran’s complaint that he was kept in the dark about the move. Bennichan, reports say, had conveyed the decision to the Additional Chief Secretary(water resources) and Principal Secretary(forest and wildlife). But, significantly, disciplinary action has been taken only against him. Reports have it that the role of secretaries in finalizing the decision has not been proved beyond a shadow of doubt. Chief Secretary T K Jose said that the order would not stand legal scrutiny as it has been issued without the mandatory clearance from the Union Government.

Although the order has been cancelled, there is no denying that the controversy has caused considerable damage to the image of the Government. The ill-thought-out decision has reinforced the impression that this is a government which issues orders in a hurry only to revoke them later. Experts say it has weakened Kerala’s case before the Supreme Court on the issue. Kerala has all along been making a strong pitch for a new dam by decommissioning the 126-year-old Mullaperiyar dam, which has outlived its longevity by at least 76 years, according to experts. If something happens to the dam, which is situated in a seismic-prone area, it will endanger the lives of over 30 lakh people living downstream the dam. The only way to allay the fears of the people is to build a new dam. This has been Kerala’s stand. Tamil Nadu, on the other hand, contends that the dam has been strengthened three times. And there is no danger of it collapsing.

The Opposition parties have promptly pounced on the chance to embarrass the Government. The burden of its song is that a government which does not know what its bureaucrats are doing has no business to be in power. RSP MP from Kerala and former Water Resources Minister N K Premachandran has squarely blamed the Government for the massive mess-up. Kerala has been consistently arguing before the SC that strengthening the dam is no solution. Premachandran has accused the Government of reaching an understanding with the DMK (an ally of the CPI-M in Tamil Nadu)Government to derail the Mullaperiyar issue. The Congress-led United Democratic Front(UDF) Government has signaled its intent to launch an agitation on the issue soon. The BJP in Kerala has also upped the ante. The Opposition is in an aggressive mood to extract maximum political mileage out of the issue, which it says has served the interests of the TN Government and endangered that of Kerala.

The Government, on its part, has firmly rebutted the criticism that it has compromised the interests of the State. The Government says the Chief Ministers of Kerala and Tamil Nadu are meeting next month. The issue will be amicably settled as Kerala and Tamil Nadu have a cordial relationship, and won’t allow the issue to affect it.

It is true that the LDF Government has managed to limit the damage by promptly cancelling the order. However, if Tamil Nadu moves the SC against the cancellation of the order, Kerala could face trouble. It may be mentioned that in its 2014 order, the apex court had directed that the baby dam be strengthened. Tamil Nadu’s stand is that if the baby dam is strengthened, the water level at Mullaperiyar could be raised to 152 feet.

Kerala is, however, vehemently opposed to it. The State says the problem with the Mullaperiyar dam is its vast catchment area of 625 sq. km which can store only 12 tmc of water at 142 ft, the maximum level fixed by the SC. If water level is raised to 152 ft as is being demanded by TN, the pressure on the dam will be too heavy. The foundation of the dam is not strong enough to withstand such a huge pressure. Therefore, increasing the strength of the dam is not a permanent solution. That is the argument of Dr. Joseph, the petitioner in the case pending before the apex court. A new dam alone can calm the fears of the people living near the dam.

Mullaperiyar being a highly sensitive issue, both Kerala Chief Minister Pinarayi Vijayan and Tamil Nadu CM M K Stalin have a tough task ahead. Talks can succeed only if Kerala can alleviate the fears of TN that a new dam will not affect the interests of that State. Safety for the people of Kerala and sufficient water for Tamil Nadu: that should be the basis of a lasting solution to the long-standing problem. (IPA Service)