JUDGEMENT
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(1.)This Court remains seized of the problem with regard to the water level of Mullaperiyar dam after it had solved on 27.02.2006 (Mullaperiyar Environmental Protection Forum, Mullaperiyar Environmental Protection Forum v. Union of India & Ors., 2006 3 SCC 643) because the Kerala State Legislature enacted the law immediately thereafter fixing and limiting Full Reservoir Level (FRL) to 136 ft.Mullaperiyar dam : 1886 Lease Agreement
(2.)Mullaperiyar dam a masonry dam was constructed pursuant to the Periyar Lake Lease Agreement dated 29.10.1886 ("1886 Lease Agreement") across Periyar river. The construction continued for about eight years and was completed in 1895. The dam is situated at Thekkady District in Kerala and is owned and operated by the Government of Tamil Nadu. By the 1886 Lease Agreement between the Maharaja of Travancore and the Secretary of State for India in Council, the leased area as set out therein was granted on lease for 999 years from 01.01.1886. The length of the main dam is 1200 ft. (365.76 m.) and top of the dam is 155 ft. (47.24 m.). The top of solid parapet and maximum height of the dam from deepest foundation are 158 ft. (48.16 m.) and 176 ft. (53.64 m.), respectively. The FRL of the dam is 152 ft. (46.33 m.). The original spillway capacity of the dam was 10 vents of 36' x 16' (10.97 m. x 4.88 m.). The length of the Baby dam is 240 ft. (73.15 m.). 1979-1980 : Controversy about safety of the Dam
(3.)In 1979 with regard to the safety of the Mullaperiyar dam, the Government of Kerala wrote to the Tamil Nadu Government to take immediate steps to strengthen the dam. Simultaneously, the Kerala Government also requested the Central Government to depute a team from Central Water Commission (CWC) to inspect the dam and suggest strengthening measures.
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