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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. NITIN JAMDAR, CJ, MR. JUSTICE S.MANU, J
Vishwanathan Nair S/o. Late Kesavan Nair – Appellant
Versus
Chittar Grama Panchayat – Respondent
Key Points: - The cases concern the Kariyakam Small Hydro Electric Project dam across Kakkad River, with writ petitions by villagers challenging construction impacts and water levels, and one by the power company (!) . - Villagers sought prevention of encroachment, stoppage of construction, specific water level maintenance for safety, and challenged conversion from Captive to Independent Power Producers (!) (!) . - Court upheld Single Judge's refusal to intervene on conversion and Forest (Conservation) Act violations due to significant delay, dam functionality for over ten years, and irreversible position (!) . - Dam Safety Authority under Kerala Irrigation and Water Conservation Act, 2003 (Chapter XII, Sections 57-58) comprises experts including retired High Court Judge as Chairman and senior officers for expertise in water levels, power generation, and conservation (!) (!) . - Sections 62 and 62B grant Dam Safety Authority jurisdiction over increasing/augmenting storage or maximum water levels, with civil court powers and judicial proceeding status (!) (!) (!) (!) . - Court directed State to refer all case records to Dam Safety Authority for decision on water levels under Sections 62 and 62B, considering villagers' safety concerns, power needs, and prior report as prima facie (!) (!) . - Single Judge's order modified; writ appeal and petitions disposed of by referring matters to Authority (!) (!) . - Power company's lease renewal proposal to be communicated within six weeks, with remedies left open (!) . - All proceedings closed with directions to Dam Safety Authority (!) .
| Table of Content |
|---|
| 1. overview of cases regarding the dam (Para 1) |
| 2. petitioners' concerns on dam impacts (Para 3) |
| 3. details of associated legal challenges (Para 4) |
| 4. court's analysis on the dam's changes (Para 5 , 6) |
| 5. functions and role of dam safety authority (Para 7 , 8 , 9 , 10) |
| 6. authority's jurisdiction over water levels (Para 11 , 12) |
| 7. order for submission to dam safety authority (Para 13) |
| 8. modification of learned single judge's order (Para 14 , 15) |
| 9. power company's lease renewal discussion (Para 16) |
| 10. closing of all proceedings (Para 17) |
JUDGMENT :
Nitin Jamdar, C. J.
This group of cases relate to the Kariyakam Small Hydro Electric Project across the Kakkad River in the Pathanamthitta District. There are five proceedings before us, four petitions which are pending before the learned Single Judge are tagged along with a writ appeal. W. P. (C) Nos. 33889 and 36613 of 2016 and 12736 of 2017 and W. A. No. 220 of 2017 are filed by the villagers/residents of Chittar Grama Panchayat who are having their houses and agricultural fields within the periphery of the dam. W. P. (C) No. 3008 of 2024 is filed by Ayyappa Hydro Power Ltd., a power company which constructed the dam under a Bu
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