R. M. LODHA, H. L. DATTU, CHANDRAMAULI KR. PRASAD, MADAN B. LOKUR, M. Y. EQBAL
State of Tamil Nadu – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
R.M. LODHA, CJI. –
1. This Court remains seized of the problem with regard to the water level of Mullaperiyar dam after it had solved on 27.02.2006 Mullaperiyar Environmental Protection Forum v. Union of India & Ors.; [(2006) 3 SCC 643] because the Kerala State Legislature enacted the law immediately thereafter fixing and limiting Full Reservoir Level (FRL) to 136 ft. Mullaperiyar dam : 1886 Lease Agreement
2. Mullaperiyar dam - a masonry dam - was constructed pursuant to the Periyar Lake Lease Agreement dated 29.10.1886 ("1886 Lease Agreement") across Periyar river. The construction continued for about eight years and was completed in 1895. The dam is situated at Thekkady District in Kerala and is owned and operated by the Government of Tamil Nadu. By the 1886 Lease Agreement between the Maharaja of Travancore and the Secretary of State for India in Council, the leased area as set out therein was granted on lease for 999 years from 01.01.1886. The length of the main dam is 1200 ft. (365.76 m.) and top of the dam is 155 ft. (47.24 m.). The top of solid parapet and maxi
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