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Constitutional · Reportable judgment

Russel Joy vs Union of India & Ors.

Court
Supreme Court of India
Date
11 January 2018
Case No.
Writ Petition (Civil) No. 878 of 2017
Result
Disposed
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 1 S.C.R. 206 : 2018 INSC 24
Supreme Court Reports [2018] 1 S.C.R. 206 : 2018 INSC 24
Headnote

Constitution of India – Art. 32 – 121 years old Mullaperiyar dam in the State of Kerala, Chief Engineer of the dam project envisaged the lifetime of the dam for a period of 50 years – Need for assessment of lifespan of Mullaperiyar dam, keeping in view the safety of the citizens especially the persons residing downstream of the river – Writ petition seeking issuance of Writ of Mandamus directing the Government of India to appoint an international agency to study and to adjudge the lifespan of Mullaperiyar Dam and the dam to be de-commissioned within the time period – Held: There has to be a greater degree of disaster management and better preparedness to face any kind of disaster caused by the dam – Issuance of directions to Central Government, State of Kerala as well as State of Tamil Nadu to constitute a separate sub-committee u/s. 9 of the 2005 Act, to exclusively monitor the measures for ensuring a high level of preparedness to face any disaster, occurring from Mullaperiyar Dam – All States to work in harmony with the Central sub-committee – Disaster Management Act, 2005 – ss. 9, 21, 23(4).

State of Tamil Nadu v. State of Kerala and another [2014] 12 SCR 875 : (2014) 12 SCC 696 – 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 Judgment of the Court was delivered by DIPAK MISRA, CJI. 1. This writ petition is preferred by a public spirited person under Article 32 of the Constitution of India praying for issue a Writ of Mandamus directing the Government of India to appoint an international agency with the technical expertise to study and to adjudge the lifespan of Mullaperiyar Dam and ascertain the date/period on which the said dam must be de-commissioned; appoint a High Powered Committee to suggest to this Court to declare a date/time period for de-commissioning of Mullaperiyar Dam; direct the State owning the da
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