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Constitutional · Reportable judgment

Dr. Joe Joseph & Ors. vs State of Tamil Nadu & Ors.

Court
Supreme Court of India
Date
8 April 2022
Case No.
Writ Petition (Civil) No. 880 of 2020
Bench
A.M. Khanwilkar, Abhay S. Oka, C.T. Ravikumar
Citation
[2022] 3 S.C.R. 95 : 2022 INSC 409
Supreme Court Reports [2022] 3 S.C.R. 95 : 2022 INSC 409
Headnote

Dam Safety Act, 2021 – ss.8 and 9 – Mullaperiyar Dam – Interim arrangement until “regular National Dam Safety Authority (NDSA)” under the 2021 Act becomes fully functional – For purposes of surveillance, inspection, operation and maintenance of dams such as Mullaperiyar Dam, the responsibility is fastened upon the National Dam Safety Authority (NDSA) established u/s.8 of the 2021 Act – Functions of the Authority so established have been spelt out in s.9 of the 2021 Act –Establishment of a regular structure in the form of NDSA with all essential organisational and logistical facilities at its disposal is however likely to take some more time – Until the regular NDSA becomes functional, the Supervisory Committee, as reconstituted in terms of this order, shall be accountable for all matters relating to safety of the Dam including referred to in the 2021 Act and discharge the functions of NDSA specified in s.9 of the 2021 Act – The competent authority may take appropriate steps to ensure that the regular NDSA under the 2021 Act is established at the earliest.

State of Tamil Nadu v. State of Kerala & Anr, (2014) 12 SCC 696 : [2014] 12 SCR 875 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following order of the Court was passed: ORDER 1. During the pendency of these matters, a new law has been enacted by the Parliament titled “the Dam Safety Act, 20211”, which has received assent of the President on 13.12.2021 and has been notified vide gazette dated 14.12.2021. As per the note filed by respondent No. 3, the appointed date for coming into force of the 2021 Act has been specified as 30.12.2021. 2. The 2021 Act deals with subjects which are broadly matters in issue in the present petitions such as surveillance, inspection, operation and maintenance of the Mullaperiyar Dam
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