Retirement of judges may delay SC verdict

KOCHI: A solution to the dispute between Kerala and Tamil Nadu on Mullaperiyar Dam may further get delayed with the retirement of two judges within four months from the five-member Constitution Bench of the Supreme Court, which necessitates the reconstitution of the panel.Any delay in resolving the issue causes serious concern for Kerala which is fighting for a new dam saying that the present dam can collapse at anytime in heavy rains.The Empowered Committee, appointed by the Supreme Court, to study the strength of Mullaperiyar Dam is expected to submit its report by October, 2011. The six-month term to submit the report was extended for six more months twice.By the time when the Empowered Committee submits its report, the two judges, B Sudershan Reddy and Mukundakam Sharma, will retire from the Bench.The reconstitution of the Bench will take at least one year and consequently considering the Mullaperiyar case will get delayed.Mullaperiyar Samara Samithi chairman C P Roy, who has been leading an agitation for the past 1627 days, said that the judgment on the dispute between the two states, which would be based on the report of the empowered panel, was also likely to be delayed with the retirement of the judges which necessitates the reconstitution of the Bench. Any delay in resolving the issue would certainly affect the interests of Kerala."The delay in finding a solution to the dispute over the more than 100yearold dam, which is in a deteriorating condition, is posing danger to lakhs of people living downstream the dam. Such a dam break will definitely leave a huge impact as other dams cannot withstand the pressure of the water from Mullaperiyar," he said. Irrigation Department chief engineer (irrigation and administration) P Lathika said that the reconstitution of the Bench is likely to delay the judgment on the Mullaperiyar issue.The Central team of scientists from Central Soil and Materials Research Stations (CSMRS) has completed the ROV (Remoteoperated vehicle) tests at Mullaperiyar dam and an agency will be deputed to collect rock samples from the damsite.