In a vindication of Tamil Nadu’s stand on the Mullaperiyar dam, the Supreme Court on Wednesday declared unconstitutional a law passed by Kerala in 2006 to prevent the neighbouring State from raising the water level in it from 136 feet to 142 feet. A Constitution Bench comprising Chief Justice R.M. Lodha and Justices H.L. Dattu, C.K. Prasad, Madan B. Lokur and M.Y. Eqbal, in its 157-page judgment on a suit filed by Tamil Nadu in 2006, stopped Kerala from carrying out any repairs on the dam structure. The Bench said an empowered committee appointed by the court found the dam safe in terms of structure, hydrology and seismic activity. Investigations, tests and studies led to the conclusion that there was no need to depart from the view taken in the 2006 judgment on the dam’s safety. The Bench said: “ … there is no change in circumstances at all, much less any drastic change in circumstances or emergent situation justifying the reopening of the safety aspect of the Mullaperiyar dam, which has been determined by this court in the earlier judgment. The Kerala Irrigation and Water Conservation (Amendment) Act, 2006, is unconstitutional and ultra vires in its application to, and effect on, the Mullaperiyar dam.” Writing the judgment, Justice Mr. Lodha said, “The February 27, 2006, judgment records the finding regarding the safety of the dam on water level being raised to 142 feet from the present level of 136 feet … the various reports have examined the safety angle in-depth including the viewpoint of earthquake resistance. The apprehensions have been found to be baseless.” The Bench noted that the special session of the Kerala Assembly, held on May 14-15, 2006, introduced a Bill to amend a 2003 Act. “On March 18, 2006, the Bill received the Governor’s assent … The functions conferred on the Dam Safety Authority under the new Section 62 override the judgment, decree or order of any court or any treaty, agreement, contract,” it said.