The Kerala government on Thursday urged that a larger bench of the Supreme Court should comprehensively review the apex court's 2014 judgment, permitting water level at the Mullaperiyar dam's reservoir to reach 142 feet.
In a freshly written note filed through senior advocate Jaideep Gupta, the state government said that the only permanent solution for removing the eternal threat of damage to the dam is to build a new dam in the downstream reaches of the existing Mullaperiyar dam.
It also took note of the excessive rainfall and disastrous floods which Kerala witnessed during the monsoon season of four consecutive years from 2018-2021, particularly in the Idukki district where the Mullaperiyar dam is situated.
Taking note of the changing climatic conditions, the state government in its written submission remarked that no amount of rejuvenation can perpetuate a 126-year-old deteriorated dam made of lime and surkhi concrete that now exists at Mullaperiyar.
Neither carrying out strengthening measures would be sufficient," it further said.
In 2014, the top court had held that the dam was safe and that the water level in its reservoir can be permitted to go up to 142 feet.
It added that vast stretches of land and millions of people of the State of Kerala will be threatened in the event of the dam being damaged for any reason.
The Kerala government said the purpose of seeking a resolution to the disputes between the two states is to ensure the safety of life and property in Kerala, without depriving Tamil Nadu of water for power, drinking and irrigation purposes in any manner.
In the past few months, the top court has been hearing applications by the Kerala government to ensure that the water level in the dam's reservoir is not allowed to exceed 139 feet, three feet below the permissible limit of 142 feet.