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1979-1980 : Controversy about safety of the Dam
3. In 1979 with regard to the safety of the Mullaperiyar dam, the Government of Kerala wrote to the Tamil Nadu Government to take immediate steps to strengthen the dam. Simultaneously, the Kerala Government also requested the Central Government to depute a team from Central Water Commission (CWC) to inspect the dam and suggest strengthening measures.
4. In pursuance of the request from the Kerala Government, the then Chairman, CWC inspected the dam and held a meeting on 25.11.1979 in which the officers from Tamil Nadu and Kerala participated. In that meeting, three level measures, (i) emergency, (ii) medium and (iii) long term, were suggested to strengthen the dam. In the meantime, it was recommended that water level in the reservoir be kept at 136 ft. (41.45 m.)
5. In the second meeting held on 29.04.1980, it was opined that after the completion of emergency and medium-term strengthening measures, the water level in the reservoir can be restored up to 145 ft. (44.2 m.). 1998 : Litigation begins
6. Tamil Nadu says that all measures – emergency, medium and long term as suggested by the CWC have been undertaken by it but despite that no consensus could be reached between the two State Governments (of Tamil Nadu and Kerala) to raise the water level in the Mullaperiyar reservoir beyond 136 ft. This led to the filing of number of writ petitions in the Kerala High Court as well as in the Madras High Court sometime in 1998 on the issue for and against raising of water level in the Mullaperiyar reservoir and the safety of the dam. As the controversy was pending before the two High Courts and there was likelihood of conflicting judgments, some transfer petitions were filed before this Court.
79. Mr. Vinod Bobde submits that between 27.02.2006 when the judgment was rendered by this Court and 15.03.2006 when 2006 (Amendment) Act was enacted by Kerala State legislature, no new facts emerged nor there was any change in circumstances. Kerala Government and Kerala State Legislature did not have a single piece of information of fact before it concerning seismic coefficient values, Probable Maximum Flood (PMF) levels or any other matter or material contradicting or even doubting the finding of this Court in 2006 judgment which was based on the findings of the Expert Committee.