1) The agony of a population living in constant fear of an imminent deluge downstream of an aging dam.
2) Water is a vital element that sustains life on this planet earth. Our ancestors developed reservoirs to store vast amounts of water to support civilization. The structures erected for this purpose are called dams. Over the years, the size and shapes of dams have undergone tremendous dimensions and their purpose diversified significantly, so as to include power generation. But, are we asking too much from nature and making the most beneficial discovery of all times, the most potent water bombs.
3) The mighty Western Ghats, guarding Kerala, the southernmost state of the Indian peninsula. It is the womb of 44 rivers including Periyar, the longest river of Kerala. It is across this river, the ever 120 years old ailing Mulleperiyar dam is hopelessly awaiting its inevitable destiny, an imminent deluge which may spell the doom of an estimated 3 million inhabitants downstream and what is more alarming is that its days are numbered and the nightmare may turn into a reality at any time. Not only the local population downstream, but cities and townships along with all their progress are in peril, when the event, the inevitable happens.
4) The story of Mullaperiyar dam dates back to 1895, when it was constructed across the river Periyar in crude lime surky mortar at a time when dam engineering was in its infancy. Periyar originates from Sivagiri and Western Ghats as an elevation of 2400m from the sea level and joints the mullayar downstream at an elevation of 850 m.
5) It is at this elevated junction, the Mullaperiyar dam is being built for the normal cause of catering to the irrigational needs of the neighbouring state of Tamil Nadu under a 999 year lease agreement. It may be noted that the agreement was entered into between the then Maharaja of erstwhile Travancore, his Highness Shri. Vishakham Tirunal with the then Madras government as much as 61 years prior to India got independence from the British and that too for 999 years. A duration unheard in the history and unfair by any standards.
6) This is an unconscionable contract made upon duress, undue influence and unconscionable bargaining. The Maharaja acted contrary to his wish under compelling circumstances. No prudent man would enter into a contract to reverse a river from its natural course. The 1886 agreement in fact signed under pressure from the British Government under the following reasons. (a) It was an unusual agreement of Travancore state to divert a part of one of its rivers to Madras Presidency. (b) the leasing of 8,000/- acres of its territory to that presidency . (c) an extraordinary lease of 999 years and for all these concessions, a negligible quid pro quo. So, absolutely there is duress.
7) There is undue influence also. Undue influence refers to the amount of pressure one party uses to force the other to sign a contract. It is the use by one party to the contract of his dominant position for obtaining an unfair advantage over the other party (the state of Travancore).
8) Unconscionable bargaining is also there because the Maharaja of Travancore was not conscious about the far reaching consequences of that contract. But the Government of Kerala did not argue before the Supreme Court that the contract of 1886 is voidable at the instance of his Government as it was made under duress, undue influence and unconscionable bargaining. Circumstances differ or vary through ages. Man can create a contract for reasonable period. A contract binding on generations is invalid. Contract for an indefinite period ie; for a period of 999 years binding on generations may be declared void at the instance of either of the parties. It is against equity. The circumstances during the time of contract and the present day are not similar. A new contract must be entered into between the parties according to the present circumstances. This contract was entered when there was no chance of Earth Quakes and natural calamities. Safety aspects were not considered at that time. These aspects were not put forward before the Supreme Court by the Oommen Chandy Government.
9) As it has been mentioned earlier, there was no valid consideration for this contract. The total economic advantage for Tamil Nadu is stated to be as much Rs. 7250/- million from agriculture and power generation per year as compared to the mere annual income of Rs. 1.03 million for Kerala by way of lease rent and fee by risking the lives of 3 million people. This aspect is not also put into the notice of the Supreme Court by the Government.
10) The 999 years, contract is illegal because it is for a dam and its life span is only 50 years. The contract is vague and uncertain. The Dam will not be in existence for a period of 999 years. It is certain at the time of execution of agreement. The 1886 agreement is valid only up to the period of life span fixed by the engineers and experts at the time of construction of the dam. The government of Kerala has not argued the case under the aforesaid lines before the Supreme Court.
11) It is worthy to be noted that all the contracts of Britain during the colonial period are only for 99 years. And hence there is no ground or basis for a contract for 999 years.
12) The doctrine of precautionary principle and the Rio declarations gave top priority to safety of mankind. The current issue puts at stake the lives of 50 lakhs people spread over 5 districts.
13) Situations have changed from the year 1886, On November 18, 2011 tremors have occurred a short distance away from the dam. The area had several geological faults and 20 earthquakes had occurred from July 26, 2011 in this area. Earth quakes of magnitude of 4 on the Richter scale had occurred in the state. If such a tremor occurred in the vicinity of the dam it would wreck the dam as per the study done by Indian Institute of Technology Roorkee. Scientist of the Centre for Earth Science Studies (CESS) had said that even the quake of magnitude 5 of the scale could lead to failure of the dam.
14) Current International Law is against agreements that deny lower riparian rights. Kerala’s proposal for New Dam is essentially aimed at resolving safety concerns at least for another 50 years and does not address issues such as Kerala’s right over the water.
15) The Mullaperiyar Dam should be decommissioned to ensure safety under the provisions laid down by the Rio-treaty to which India is a signatory.
16) The Dam was leased to Tamil Nadu for 999 years under an agreement between the two states. How can anyone guarantee the dam will last that long . A new Dam is inevitable.
17) The Gvernment had acted irresponsibly. The court had come to the finding that the Periyar was an interstate river on the basis of erroneous data prepared by the state water resources department. The river rises in Kerala and flows only through Kerala and hence it was not an interstate river. However, the Government had failed to convince the court . It realized the mistake when the Tamil Nadu made a claim based on that. Tamil Nadu ‘s right is not riparian rights but rights arising from the 1886 agreement and from the principle of long established use.
18) This is not an interstate water dispute within the ambit of Article 262 of the Constitution of India and the Inter State River Water Disputes Act 1956 of 2002. Tamil Nadu has gone to the Supreme Court under Article 131 which is about Inter-State Disputes in general.
19) If the Dam is new, then why there is so heavy maintenance all the time. There are a lot of maintenance activities happening regularly. The dam is 120 years old and already a good portion of lime has washed away . No one can give an assurance that the dam will be safe for 999 years.
20) The waters from the Mullaperiyar Dam will not be contained in the Idukki Reservoir in case of failure of the Mullaperiyar Dam. The Cheruthoni and Kulamavu Dams would be at risk even if the water level in the Idukki reservoir was kept low. Failure of the Mullaperiyar Dam would unleash unimaginable force stronger than an earthquake and the force would be transferred to the dam of the Idukki Project- Idukki, Cheruthoni and Kulamavu. Kulamavu was the weakest of these dams. Though Idukki dam may survive the other two dams could fail. The Idukki reservoir was 120 feet below the Mullaperiyar Dam and waters would be rushing down at 50 to 60 Km an hour through a 10 Km gorge downstream of Mullaperiyar Dam. Then it would flow down a 15 km slope down to the Idukki Reservoir. The water column which could be 20 to 30 m high would wipe out everything on its way and bring down a lot of earths and debris into the reservoir. The chances of part of the water taking courses other than that of the periyar into the Idukki reservoir too could not be ruled out. The forcing of water would be so high that it could even move many hills. Huge waves of very high magnitude would be generated by gushing waters from the Mullaperiyar Dam in case of failure, and the inherent forces of such waves were unimaginable. The huge volume of 10 TMC feet of water spread out in an area of 4,668 acres when gushed through an opening of the present Mullaperiyar Dam, the height of water that will rise along its path to Idukki is unimaginable. The enormous force that is created by the surging water when it reached the Idukki reservoir will create huge waves, just like tsunami waves, in the Idukki reservoir. The nature and magnitude of such waves can be very high, and it can generate great forces on the Idukki dam structures especially Kulamavu masonry dam structures first, as the dam was constructed with rubble masonry. This could happen even if the water level in the reservoir is low. Apart from generating high stress on the 3 dams, holding the Idukki reservoir the surging waves could overlap all the 3 dams. No studies had been carried out so far about the nature and magnitude of such huge stress that would be generated on the 3 dams, and about the height of waves that would be generated in the reservoir which would ultimately overlap and damage these 3 dams. The Mullaperiyar Dam held 15 TMC feet of water. If it fails, the water would hit the Vandiperiyar town and flowdown to Upputhura and into the Idukki reservoir. The Idukki Reservoir could hold 70 TMC feet of water and the Idukki, Cheruthoni and Kulamavu dams would overflow when the water reaches the reservoir. Concrete dams such as Cheruthoni would fail if water overflows. The devastation that this would cause was unimaginable and no management measures could be thought of for such a tragedy. Lives of about 50 lakhs people would be at risk.
21) Theoretically, 11.21 tmc feets of water from the Mullaperiyar Dam could be contained in the Idukki Reservoir. But in the event of a breach of the Mullaperiyar Dam, the nature of consequent disaster and damage was “ unpredictable and unimaginable” . In the event of a dam break, a torrential flow of water from the Mullaperiyar Dam would not only increase the water level in the Periyar, but also carry in its course soil, buildings, uprooted trees and other debris. The gush of water would result in heavy erosion of banks causing land slips at steep slopes. The debris and rubbles would be carried to the Idukki reservoir and these would cause inestimable damage to the life and property of people living near the river between Mullaperiyar Dam and Upputhara and in 5 downstream districts. While designing the Idukki dam, the flood waters of the Mullaperiyar dam in the event of a dam break had not been factored in.
22) The seepage in the Mullaperiyar Dam is 90.39 liter per minute. There is leakage at the surface and gallery. There is leak at the gallery in between the 17th and 18th block. The legislature Subcommittee has examined the gallery in between the 10th and 11th block and found that there is leakage . The quantity of seepage water is 72.8 litre per minute when the height is 125.1 feet. It is 90.39 litre when the height is above 130 feet.
23) The Government of Kerala has not produced the evidence adduced by Mr. Himamsu, the head of Asian Dam safety authority after a thorough study about the safety of the Mullaperiyar Dam that the dam is weak and there is every chance to break and collapse.
24) The central water commission had pointed out in 1979 that cracks and resulting leakage were present in the dam. The fact that the dam had suffered significant loss in strength has been proved many times.
25) The tests conducted by the empowered committee appointed by the Hon’ble Supreme Court of India was only a wild goose chase. Kerala argued that Sonic testing was conducted only in one block, while engineers from Tamil Nadu said it was done in 3 blocks. Mr. Thatte, the technical expert in the empowered committee chose to accept the Tamil Nadu claim. Kerala showed a map to prove our claim.
26) The officials representing Kerala pointed out that top testing is done only in one hole and that too without inviting Kerala’s representatives . Kerala had written to Mr. Thatte requesting that the test be done in at least five holes. To this, Mr. Thatte said the letters would be examined. Then at one point Mr. Thatte cut short irrigation Chief Engineer P. Lathika and asked her to keep quiet when she tried to make a point. That caused the Kerala team a great pain as it was the chief engineer of a state he slighted. As its officials was not allowed to speak the team felt there was no point in further taking part in the visit..
27) As many as 26 tremors had been recorded in the dam site in 11 days in November 2011. There are 11 other dams in Idukki district which were also likely to collapse in the event of damage to the Mullaperiyar Dam.
28) The central water commission had said in 1979 that the dam was weak and had recommended lowering of the water level. Though strengthening measures had since been done the foundation was not strengthened. Earth quakes would be affecting the foundation.
29) The question whether the dam was safe or not could not be decided with certainty as there was no sign or scientific method.
30) Mullaperiyar Dam is a water bomb. Calculated life span was 50 years. The dam is not a marvelous construction which can be a feast for your eyes but it gives sleepless nights for lakhs of people in Kerala. It is not the wall of a small water tank. The dam holds more than 2500 million tons of water which can wash half of the Kerala state, 50 lakhs of people living in the river valley areas. This News Paper headline you can expect any time.
Times of India
‘Dam disaster in Kerala . 120 year old Mullaperiyar Dam collapse. 40 Lakhs dead. 5 districts of Kerala will disappear from Map’.
31) Painting the dam or applying cement plasters will not strengthen the weak dam. It is not a water sharing issue anymore. The new dam is not to stop giving water to Tamil Nadu. It is to give water to Tamil Nadu and safety to Kerala. Imagine yourself living under weak dam.
32) The scanning of upstream side of the Mullaperiyar Dam using a remote operated vehicle by the Central Soil and Materials Research Station on directives from the empowered committee of the Supreme Court had found serious damage to the masonry structure between 95 to 106 foot from the base of the dam. Retired Engineer M. Sasidharan, who was observer of Kerala during the scanning said in a report to the Government. The said report was not submitted by the Government to Supreme Court.
33) Apart from innumerable patholes, crevices and other openings that were visible on the surface of the dam, the masonry cover provided at the upstream cover of the dam was seen to have undergone a crushing between 106 foot and 95 foot throughout the entire length of the dam.
34) The damage that the dam has undergone in between the above noted elevations is so severe that no amount of rectification can save the dam from a disaster. Even a medium nature earthquake of 4 to 5 magnitude ( on the Richter scale) near the dam site can shake the already loosened masonry cover to a collapsible condition.
35) The scan results projected deterioration at all 34 sections of the dam from massive erosion of lime surky mortar from the rubble joints, crossing huge voids, deep patholes, wide open joints, deep crevices and hollowness on the upstream periphery of the dam.
36) On most of the sections at this area, rubble was seen in a loosened condition, suggesting that the dam has undergone an irreparable damage. Some of the damages was caused by mistakes in the strengthening works carried out by Tamil Nadu following recommendation of the Central Water Commission In 1979.
37) The dam had undergone a crushing on account of the additional load of nearly 21.75 tonnes per feet applied ( Tamil Nadu’s unintelligent Act caused severe damages like this) on the top of the dam in the form of RCC copping as part of emergency strengthening measures ( The dam is very beautiful from outside).
38) The pre-stressing done by cable anchoring through the upstream masonry portion may have loosened and damage the masonry.
39) When the original case over raising of water level was argued before Supreme Court, the Government had failed to present the argument that the dam was structurally weak. What it had presented was applicable to many other dams. In court records, the Mullaperiyar Dam was stated as masonry dam whereas it was a composite dam. The inner core ( 62 percent) of the dam was constructed with hydraulic lime surky mix and its upstream and downstream sides with rubble masonry. No present day engineer would dare even in his dream to design and construct a dam using hydraulic lime surky mix, in the manner of the Mullaperiyar Dam as this hydraulic lime and surky mix was a very weak and unsound material, especially to withstand earthquake forces and high water pressure when compared to dams constructed with rubble or concrete materials.
40) If the Mullaperiyar Dam breaks, about half the structure would fall down within 12 minutes, pushing up the waters downstream to a height of 40.3 metres and that in the Idukki reservoir to 20.85 metres, if the water level at the time of dam break in the Mullaperiyar dam is 136 metres according to experts from the Indian Institute of Technology ( IIT) , Roorkee . According to the IIT’s dam break analysis report, water would reach Vallakkadavu within 26 minutes, Vandiperiyar within 31 minutes, and the Idukki dam within 128 minutes.
41) The report said that if there was a dam break upstream of a main river, the dams downstream too would break . The impact could be reduced if advanced steps were initiated taking into consideration the quantity and force of the water, the density of population, and the unexpected damage to the life and property .
42) If there was a dam break, about half the structures would fall down within 12 minutes and there would be a flood situation at a maximum level of 12.41 metres per second.
43) The Centre for Earth Science studies has stated that if there was tremor with a high magnitude on the Richter scale of 6 or more, the dam would collapse. If 65 cm of rain occurred within 48 hours in project areas, it could lead to failure of the dams. The increase in seepage water, tremor, torrential rain and cracks could all lead to dam failures.
44) Another study by the IIT Delhi has conclusively proved that prolonged water level in the dam over 136 feet would lead to over tapping and consequential collapse of the dam. Nobody could dispute the fact that during the construction of the 120 years old structure, no technology was employed to contain any seismic vulnerability.
45) The Government of Kerala failed in moving the National Green Tribunal ( NGT) regarding the violation of the 4 Central Acts when the water level in Mullaperiyar Dam touched 142 feet after a gap of 35 years submerging 568 hectors of forest land. Out of which 108 hectors of submerged land was ever green forest, 247 hectors semi forest and 213 hectors paddy field , the habitat of 49 animals and 251 butterflies in the Periyar tiger reserve was affected by the rise in the water level. It had also turned a threat to the flora and fauna and wild animals The violation of wild life protection Act 1972, Forest ( conservation) Act 1980, Environment ( Protection) Act 1986 and Recognition of Forest Rights Act 2006 can be taken up with the tribunal. The Supreme Court verdict is silent on the 4 central laws and there was no reply on these issues raised by the State. The violation in the Directive Principles of the Constitution of India would not taken up.
46) The environment impact created when the water level touched 142 feet is not being viewed seriously . Adivasis in three colonies had to be evacuated when the water level went up.
47) The forest land measuring to 11.5 sq. Km. in Kerala would get submerged if the water level in the dam was raised to 152 feet as demanded by Tamil Nadu. The rising waters in the Mullaperiyar reservoir could pose a threat to wild life and the ecosystem as hundreds of hectors of land, where a semi forest system has developed , are now under water because the water level reached 142 feet. The tree stumps in the lake described as a land mark of Thekkady, are habitats of hundreds of birds, including migratory ones with many already under the water, the impact is believed to be on a wider scale than what was expected . Now, with a majority of the tree stumps under the water, the nestlings of Great Cormorant, little cormorant, Oriental darter and various kingfishers species are the first affected. These birds feed on fish and prefer tree tops , cliffs on the lake, or waterbodies for nesting and breeding. As there are resident species, it will take a long time to rebuild the disturbed nesting places . Herbivores were also highly affected.
48) Elephant corridors in Ayyappan Kurukke and Edappalayam were now in the water logged areas with disturbances to their natural habitat, including bamboo groves there were chances of the elephants straying out of the area. There was damage to butterfly species and rare orchids. For the past 35 years , a sub forest had developed in the area and it was now under water with the water level in the Mullaperiyar Dam nearing 142 feet. How long it would take to restore the lost flora and fauna was being studied, in addition to habitat disturbances to the wildlife in the long run.
49) The Supreme Court verdict allowing Tamil Nadu to raise the water level in the Mullaperiyar Dam constitutes a violation of the wild life protection Act 1972 and the Forest Conservation Act 1980. Raising the water level in the dam would lead to the submergence of a large part of the Periyar Tiger Reserve and loss of forest and biodiversity to move the president of India , seeking a review of the verdict by a full bench of the Supreme Court. The Government has not done this. The issue be brought to the attention of the united Nations and the National Human Rights Commission.
50) The loss of forest land and houses of the tribal people to be submerged in the waters were impediments in raising the water level to 142 feet adding that mitigating steps needed to be taken.
51) The memorandum submitted by the leaders of the tribal community from Mannakudy and paliyakudy , in the area to be submerged once the water level is raised to 142 feet to the sub committee became futile.
52) The thinking about dams is changing and no environmentalist in these days support inter-basin diversion of water as had been done in the case of Mullaperiyar 120 years ago.
53) The objection of decommissioning is often the eco-restoration of natural river system. The construction of Mullaperiyare Dam had led to falling of large areas of forest directly by the British and indirectly through starving of forests downstream of water. The Mullaperiyar Dam allowed not a drop of water to flow down except under maximum flood conditions.
54) It also ignores the question whether a new dam is advisable in Idukki District which is experiancing frequent tremors , especially when some of the tremors are suspected to be reservoir induced.
55) Mullaperiyar Dam is in western ghats . It has also resulted in the depletion of fisheries, deforestation, loss of unique biodiversity elements such as herbaceous plants of lateritic plateaus noise pollution. It is against scheduled Tribes and other traditional Forest Dwellers Act. It is against Biological Diversity Act ( Bio-diversity Management Committee)
56) Greed is just humane , but what happened in the case of this dam is that it was stretched beyond limits and no one is bothered about the fact that the dam was aging and weakening by the passage of time. It is like milking a cow beyond its age and productivity. The structural weakness of this dam which is out lived its life span by several years was evident from its very inception. Even the British Engineer Pennycuick who designed the Mullaperiyar Dam had guaranteed only 50 years life span for it. Now, the Mullaperiyar Dam which is 120 years old leaking from head to tail. Built of lime surky concrete , a very inferior concrete constitute almost 2/3 of the dam’s core. This concrete categorized as M5 is much lower strength compared to M30 being used for major dam constructions like Idukki Arch dam downstream Mullaperiyar . M30 concrete has almost 6 times strength than lime surky concrete used in Mullaperiyar dam, over the years, the strength of the surkey concrete has further came down due to the continues leaking of the lime of the dam’s core. The downstream deteriorated condition of the dam was exposed when the water level went to 109 feets. No repair can be done below this level, since there is always water below this level since 1895. Even though two attempts of grouting attempted in 1930’s and 1960’s it was not able to completely fill the cavities formed due to the leaking of lime. Cosmetic patch works being done on the body of this ailing dam would not make it safer or stronger because the ailment of the old dam is inherent and deep rooted.
57) Some Specific defects in the construction include 1) earthquakes and uplift forces were not considered in the design of the dam 2) no drilling and grouting were done to strengthen the foundation of the dam 3) No drainage gallery was provided in the dam body. 4) Transverse construction joints were not provided in the dam 5) deterioration of the dam due to continuous leaking of lime.
58) What makes the case of the Mullaperiyar Dam more pathetic is the fact that it is situated in an active fault zone which makes it more vulnerable to failure in the event of an earthquake of moderate intensity.
59) The dam failure will kill not only human beings but also thousands of species of birds, snakes and animals . Definitely, it will affect the eco system of the state and in future it will definitely make a very drastic change in environment of the state. Recent history reveals that at least one major dam failure occur every year somewhere in the world. There have been more than 200 dam failure incidents across the world since 12th century, but not as big as the existing one causing damages worth millions of dollars and loss of thousands of lives. Even modern day dams constructed with far more scientific and engineering skills collapsed spelling the doom of millions. Some of these disasters have proved that dams are deadlier than a nuclear bomb. One of the horrifying example in the recent past is China’s Banqiao dam disaster in 1975, following heavy rains and floods. As many as 62 dams collapsed in that disaster claiming over 2, 50,000/- lives. At least 4 dams may collapse if Mullaperiyar bursts and the causalities will be 10 times the death toll of Banqiao. Surprisingly, the capacities of both these dams are almost similar. But the Banqiao dam was located at an elevation of 118 m while the ailing Mullaperiyar dam is situated at a much higher elevation of 873m which increases the gravitational potential energy of the out flow by 7 folds than that from Banqiao. In case of a disaster, the water will rush like a bullet due to the steep hilly geographical features of the place to reach the 100 km away Arabian Sea, in less than one hour through the thickly populated areas downstream . Moreover, it is scientifically proven that this water bomb has 180 times the more energy than the atomic bombs, that has destroyed the city of Hiroshima.
60) Another worst ever dam disaster in recent history triggered due to a land slide was the Vajont dam failure in the Italian Alps in 1963. A 250m high tsunami caused by Killer landslide swallowed several towns with its inhabitants. 1979, Morvi dam disaster in India, and the 1996 Kachowka reservoir in the Okraine are some of the other dam tragedies in recent times. No humanly possible skills can stop these natural catastrophic which are often attributed to divine justice, accidents and destiny. Some experts may consider the condition of a dam to be imaginarily safer while others say it is not. But nature has its own way and expert’s expectation and calculation may go in vain.
61) All the dams pose a life threatening situation to people world wide and our expenses in maintaining them are mere waste. Let Mullaperiyar not turned to be a new avathar of the banqiou dam disaster. Let the Mullaperiyar issue be an eye opener towards the case of all outdated dams across the world threatening millions of human lives.
There are so many intriguing questions.
Yes. The time has come to wake up and act. Let Mullaperiyar Dam be an eye opener before it is too late.This is not a denying fact that the aging and ailing dam is yet another example of mother nature being strangled beyond limit. Yes, today or tomorrow , the Mullaperiyar Dam may prove to be the worst ever water grave in human history. Let it not happen.