Kerala HC Closes PIL on Dam Desiltation, Citing State's Comprehensive Framework and SOP; Directs Petition to be Treated as Representation - 2025-02-04

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Kerala High Court Closes PIL on Dam Desiltation, Cites State’s Robust Framework

Kochi: The High Court of Kerala , under the bench led by Chief Justice Nitin Jamdar , has closed a Public Interest Litigation (PIL) filed in 2021 that sought a comprehensive sedimentation study of Kerala 's dams and rivers. The Court concluded the proceedings after noting that the State Government has already established a substantial framework, including a Standard Operating Procedure (SOP) and expert committees, to address the issue of desiltation.

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Background of the Case

The PIL, filed by petitioner Mr. Prasad .S. in November 2021, was prompted by the devastating floods that struck Kerala in 2018, 2019, and 2020. The petitioner argued that the accumulation of silt in dams and rivers had significantly reduced their water storage capacity, thereby increasing the severity and frequency of floods.

The petition called for a direction to the Chief Secretary, the Secretary of the Department of Irrigation, and the Kerala State Electricity Board (KSEBL) to submit a detailed sedimentation study report. The petitioner invoked the Disaster Management Act, 2005, and other state laws to emphasize the government's statutory duty to undertake disaster mitigation measures.

Arguments from the State and KSEBL

State Government's Position:

The Senior Government Pleader, Mr. K.P. Harish, informed the court that the government is actively addressing the problem. Key measures highlighted include: -

Standard Operating Procedure (SOP): An SOP for the desiltation of reservoirs was approved via a Government Order on September 26, 2017. -

Pilot Projects: Desiltation of the Mangalam and Chulliyar dams was initiated as pilot projects to test and refine the process. -

Expert Committees: An empowered committee chaired by the Chief Secretary and a technical committee were constituted in June 2018 to oversee the desiltation process. -

Ongoing Works: Administrative sanction was granted for desilting several irrigation structures and for the annual removal of sand at the Thottappally spillway to mitigate flooding in the Kuttanad region. -

Research and Studies: The Kerala Engineering Research Institute (KERI) has been conducting regular sedimentation studies on numerous reservoirs since the 2018 floods, providing crucial data for these efforts.

KSEBL's Submission: Mr. B. Premod, representing the KSEBL, submitted that of the 59 dams it owns, only 18 have significant storage. He pointed out: -

Sedimentation Rate: Due to smaller catchment areas, the annual storage loss in Kerala 's reservoirs is low. Citing international manuals, he argued that hydrographic surveys are not required every five years if sedimentation rates remain low. -

Central Water Commission (CWC) Studies: The CWC periodically assesses major reservoirs like Idukki, Idamalayar, and Kakki . Recent studies showed an Annual Storage Loss (ASL) below 0.20%, which is not considered significant. -

Future Plans: The KSEBL has submitted its own SOP for desiltation to the government and has selected the Kallarkutty reservoir as a pilot project.

Court's Rationale and Final Order

The High Court acknowledged the seriousness of the issue but observed that the State Government has demonstrated a clear and structured approach to tackling it.

“From the reports placed on record, it is clear that the State Government is not unaware of the issue of sedimentation reducing the original storage capacity of most reservoirs. A Government Order issued on 26 September 2017 has acknowledged this and noted the demand for desilting reservoirs to restore their storage capacity.”

The bench noted that the intervention of the court was sought when a structured framework was not yet in place. However, with the establishment of high-level committees, a detailed SOP, and ongoing pilot projects, the necessary institutional mechanism now exists.

“Thus, it can be seen that the State Government has undertaken substantial measures concerning the issue of desiltation... With the establishment of such a framework, the appropriate course of action would be to treat the present petition as a representation to be submitted to the framework...”

Decision and Implications

Concluding that keeping the petition pending was no longer necessary, the Court directed that the writ petition, along with the petitioner's additional research and data, be placed before the Secretary of the Kerala Water Resources Department. The petitioner was granted liberty to approach the Secretary directly with any specific concerns.

The Court ordered: "We direct that the copy of this writ petition be placed before the Secretary of Kerala Water Resources Department, who will examine the additional affidavits filed. We also grant liberty to the Petitioner to bring to the notice of the Secretary any matters of concern... and upon receiving such a representation, the Secretary will look into the same as per the Rules and Standard Operating Procedures."

With these observations, the writ petition was closed, effectively channeling the petitioner's concerns into the existing administrative and technical framework set up by the government for resolution.