CJI urged to constitute new Bench for hearing Mullaperiyar case

  • 16/10/2008

  • Hindu (New Delhi)

J. Venkatesan New Delhi: Even as the case relating to the Mullaperiyar dam has been posted for hearing on November 17, a three-judge Bench of the Supreme Court on Wednesday requested Chief Justice of India K.G. Balakrishnan to constitute a new Bench to take it up. The court is hearing a suit filed by the Tamil Nadu government for a declaration that the Kerala Irrigation and Water Conservation (Amendment) Act, 2006, applicable to the Mullaperiyar dam, was unconstitutional, null and void and as being beyond the legislative competence of the Kerala Assembly. It wanted interim stay of the operation of the law insofar as it pertained to the dam. The Kerala law was enacted following a judgment of the apex court, delivered on February 27, 2006, asking Kerala to allow Tamil Nadu to raise the water level from 136 to 142 ft initially after some repairs were carried out and, finally, up to 155 ft. The law empowered the Kerala