MULLA PERYAR DAM

 

     (Mullaperiyar River)

(This was published on 19 July 2014. The situation still remain the same.)     

(A lay man's view)

1.Keralan and Pandian are two youngsters. They are neighbors too. Many years ago, since Pandian's family was in short of drinking water, Keralan' great grand father offered Pandian's  great grand father, out of human consideration, that he would send one tanker lorry of drinking water to Pandian's house every day in his Ford make lorry number KLK 1895, This oral offer was inked and made a covenant with validity of 999 years. The water was supplied at a nominal price prevailing in the year 1886. Years passed and the old neighbors too passed away. Ford lorry no KLK 1895 has become very old. Keralan now feels it is dangerous to run the out dated lorry through his land as it may cause accidents and kill people. Since Keralan has enough money to buy anew modern lorry he tells his counterpart that he will buy a new tanker lorry and supply water. Pandian retorts that as per the agreement he is to receive the water from Ford lorry no KLK 1895. Hence he will not allow to change the tanker lorry. If necessary he will repair the lorry as and when required.

This is dispute number one.

2.Dams constructed in the same period are replaced by new dams.(i - New dam constructed in 1982 in place of dam built in Godavari river in Dhavaleswar in 1852. ii - New dam constructed in Krishna river at Vijayawada in place of the dam built in 1855. iii - The dam built across Mahanadi at Cuttack to was replaced by new dam) No one has raised any objection for these. Why that parity is not maintained in the case of Mulla Periyar. Is this not against equality in justice?

This issue need to be high lighted.

3.Keralan's great grand fathers agreement with a validity of 999 years which was subsequently ratified by his grand father in which Keralan was never a party but the whole brunt is falling on young Keralan. Is this justifiable? Is this not against natural justice?

This needs consideration.

4.If If Keralan is demolishing a strong building and then constructing a new building in its place  with his own money in his own land can any one stop it? Is there any provision for law to interfere  in the freedom of some one to demolish any existing structure and make new one in its place within his own land and with his own money?

This is to be looked into.

5.The water supplied by Keralan is the principal input for agriculture in Pandian's land. While Keralan gives the water at a century old price Pandian sells the agricultural out put to Keralan at todays market price. Even though there is no mention about this reciprocal acts in the covenant it should be amended suitably to accommodate the buy and sell provisions to have a bilateral spirit which is the essence of any contract. Is this not essential to have disparity in justice?

This can not be ignored in the discussion.

6.When every law including the constitution of India can be amended or repealed under given conditions why this dam covenant remains impervious? 

Find means to amend this suitably.

I think today's youth hold the right  to amend and restrict the 999 years agreement made by some impractical minds with no foresight  to a reasonable period of time. Those inked it has no command whatsoever over this long span of future which has to be managed by new people, new environmental conditions and under new technology to which the old one has not glimpse even. Is there any one in this world who can make an agreement with any one for 999 years and ensure the fulfillment of it?

The people residing in the affected area may now file a fresh petition in the appropriate court seeking orders to the state government of Kerala to construct a strong dam in place of the existing one as they cannot risk their life in the dispute over water with the neighboring state.

KVGeorge
kvgeorgein@gmail.com