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After power generation at the Kakkad Power House, the water is allowed to
flow back into the river and is then utilized for irrigation and for the Maniyar
Hydro Electric Project of CUMI.
INDSIL: Anayirankal Dam, one of the largest earthen dams in State of
Kerala was built in the 1960s and soon thereafter, the Paniyar Power House
having capacity of generating 32 MW electricity was built by the Board.
Kuthungal is situated in between Anayirankal Dam (at the higher altitude) and
Paniyar Power Station of the Board (at the lower level). Thus the water released
from Anayirankal Dam for generation of electricity at Paniyar Power Station
passes through the area where the project of INDSIL is situated.
… … …
I. … … The project utilizes the water from the free
catchment between Anayirankal dam and Kuthunkal weir
alongwith the controlled release of water. The controlled
release of water from Anayirankal dam was done by the
Board through the Panniyar River depending upon the
requirements of the Panniyar Power Project of the Board.
This water, when released, is being utilized at Kuthungal for
power generation. This controlled release of water is
diverted by a weir across Panniyar River at Mukkudi to the
Kuthungal project and used for generation of power. In the
absence of Anayirankal reservoir, the water would have
flown to Ponmudi during monsoon months and the weir
would be overflowing most of the time. And during summer
months there would be substantial shortfall in the generation
of power at the Kuthungal project in the absence of water
release from Anayirankal dam. The release of water at
Anayirankal is made in the months of January, February,
March and April every year and the scheme generates mostly
during these months in a year and primarily generates power
out of the water released from Anayirankal. The total
generation of power during this period was 266.69 MU and
generation from controlled release was 60.12 MU, which is
about 22.54% of the total generation. The Petitioner is
getting the full advantage of power generation from the
release of water from Anayirankal reservoir in the peak
summer months. In the drought year of 2002-03, 50% of the
Civil Appeal Nos. 9845-9846 of 2016 etc.
M/s. Indsil Hydro Power and Manganese Limited vs. State of Kerala and Ors.
27
total generation from the project was during summer months
by utilizing the water from Anayirankal dam.”
23.1 In the affidavit in rejoinder, it was submitted by the INDSIL:-
“That Respondent no.1 & 2 have further drawn distinction
on the fact that the petitioner’s project is based on controlled
release of water from the Anayirankal dam while the other
59 projects are not based on any controlled release. It is
submitted that the petitioner’s project is not based on
controlled release of water and therefore there is no question
of the petitioner utilizing the State’s natural resources with
controlled release of water from Anayirankal dam for our
exclusive benefits. It is submitted that wherever the State
Government has entered into a contract with a party like M/s
Carborandum’s project, involving controlled release of
water, it has provided a specific clause to this effect since it
would involve incurring of cost for providing the services. It
is submitted that in the case of the petitioner’s, no such
clause is provided and it is for this reason that the State
Government specifically agreed in the meeting dated 8th
April, 1994 that water cess for the use of water would not be
charged. It is thus submitted that the petitioner is being
discriminated against by respondent no.1 & 2 in the facts of
the instant case in grave violation of its fundamental rights
guaranteed under Article 14 of the Constitution of India.
Sabarigiri Power House – 480.54 MCM (Effective)
Kakkad Power House – 1.767 MCM (Effective)
Maniyar Power House – 8.0 MCM (Gross)
…. …. ….
14. … … The Pamba Dam across Pamba river, Kakki Dam
across Kakki river and a flanking dam at Anathode are the
main three dams of Sabarigiri Project. These Dams are at an
Civil Appeal Nos. 9845-9846 of 2016 etc.
M/s. Indsil Hydro Power and Manganese Limited vs. State of Kerala and Ors.