Sunday, December 4, 2011

Who should own and control the Mullaperiyar dam?

Tamil Nadu's right to control the dam and use its waters is based on the lease agreement of 29th October, 1886.
This was executed between the Maharajah of Travancore as the 'lessor' and 'the Secretary of State for India in Council', as seen from the agreement extracted below:
"This Indenture made the twentyninth day of October one thousand eight hundred and eightysix (corresponding with the fourteenth day of Tulam 1062 of the Malabar Era)
BETWEEN THE GOVERNMENT OF HIS HIGHNESS THE MAHARAJA OF TRAVANCORE ( hereinafter called the Lessor) of the one part and
THE RIGHT HONORABLE THE SECRETARY OF STATE FOR INDIA IN COUNCIL of the other part "
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Does this not mean that it is the Government of India to whom lease is given by the Travancore Maharajah and not to the State of Tamilnadu?
Does not Kerala State have equal right to claim to be assigns or successors to Secretary of State for India as Tamilnadu?

Does this  also not mean that the Central Government can take over the control of the dam from Tamilnadu?
Since the dam is now in 'endangered' status and has become a threat to public safety, does not the lease agreement become null and void, entitling Kerala Government to take over ownership and control of the dam and leased property?


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