DR. JOE JOSEPH & ORS. versus STATE OF TAMIL NADU & ORS.

DR. JOE JOSEPH & ORS. versus STATE OF TAMIL NADU & ORS.

Until a regular National Dam Safety Authority under the Dam Safety Act, 2021 becomes functional, the existing Supervisory Committee (reconstituted to include two technical experts, one from each State) shall discharge all functions and exercise all powers of the NDSA as specified in Section 9 of the Act in relation to Mullaperiyar Dam; the Ministry of the Government of India shall extend logistical assistance and the concerned Chief Secretary shall be personally responsible to ensure compliance with directions of the Supervisory Committee.

Parties
Petitioners: Dr. Joe Joseph & Ors.; Respondents: State of Tamil Nadu & Ors.
Jurisdiction
India
Judgment Date
08 April 2022
Procedural Posture
Writ Petition (civil) Under Article 32 / Interim Order
Outcome
Interim orders passed; Supervisory Committee reconstituted and empowered to discharge functions and exercise powers of NDSA until regular NDSA becomes functional.
Legal Topics
Dam Safety Act, 2021, National Dam Safety Authority (ndsa), Supervisory Committee, Interim Measures, Article 142
Dam Safety Administrative Law Constitutional Law Public Safety Dam Safety Act, 2021 National Dam Safety Authority (ndsa) Supervisory Committee Interim Measures +1 more

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Parties

Dr. Joe Joseph & Ors.

Petitioners

State of Tamil Nadu & Ors.

Respondents

Procedural Posture

Writ Petition (civil) Under Article 32 / Interim Order

Legal Issues

  1. 1 Whether the existing Supervisory Committee should be reconstituted and strengthened to discharge functions of the National Dam Safety Authority until a regular NDSA is established
  2. 2 Scope of powers and functions to be exercised by the reconstituted Supervisory Committee in relation to Mullaperiyar Dam safety
  3. 3 Nomination of technical experts and state cooperation for implementation of safety directions

Ratio Decidendi

Until a regular National Dam Safety Authority under the Dam Safety Act, 2021 becomes functional, the existing Supervisory Committee (reconstituted to include two technical experts, one from each State) shall discharge all functions and exercise all powers of the NDSA as specified in Section 9 of the Act in relation to Mullaperiyar Dam; the Ministry of the Government of India shall extend logistical assistance and the concerned Chief Secretary shall be personally responsible to ensure compliance with directions of the Supervisory Committee.

Court Disposition

Interim orders passed; Supervisory Committee reconstituted and empowered to discharge functions and exercise powers of NDSA until regular NDSA becomes functional.

Orders

  • Supervisory Committee to be strengthened and reconstituted to discharge all functions of the National Dam Safety Authority as delineated in Section 9 of the Dam Safety Act, 2021 and to exercise the powers of the NDSA until a regular NDSA is functional.
  • Party-States to nominate two technical experts (one each from Kerala and Tamil Nadu) within two weeks.