The Dam Safety Act, 2021, was enacted to prevent dam-related disasters and ensure the safe operation of dams.
The Act mandates the constitution of a National Committee on Dam Safety within 60 days of its commencement.
Supreme Court Observation:
A three-judge bench led by Justice Surya Kant criticized the Union Government for not fully implementing the law, remarking that it "exists only on paper."
The court was hearing a plea regarding the safety of the 129-year-old Mullaperiyar Dam in Kerala.
Concerns Raised:
Petitioner Mathews Nedumpara argued that a breach in the dam could endanger lakhs of lives.
Kerala sought a reduction in the permissible water level from 142 feet to 120 feet, citing safety risks.
The court noted the lack of progress since 2021, including failure to reconstitute the monitoring committee, which must be renewed every three years.
Defense by Tamil Nadu:
Tamil Nadu informed the court that the National Dam Safety Authority (NDSA) was established under the Act.
Dam Safety Act, 2021
The Act provides for the surveillance, inspection, operation, and maintenance of all specified dams across the country.
These are dams with height more than 15 metres, or height between 10 m -15 m with certain design and structural conditions.
It also provides for the institutional mechanism to ensure the safety of such dams.
Institutional Mechanism:
Two National Level Bodies:
The National Committee on Dam Safety (NCDS) which improvises policies and recommends regulations regarding dam safety standards.
The National Dam Safety Authority (NDSA) which implements policies of the NCDA and provides technical assistance to State Dam Safety Organisations (SDSOs) and resolves disputes involving an SDSO.
Two State Level Bodies:
The SDSOs will keep perpetual surveillance, inspect and monitor the dams.
The State Committee on Dam Safety supervises state dam rehabilitation programs, reviews the work of the SDSO, and the progress on measures recommended in relation to dam safety, among others.
Obligation of Dam Owners:
Dam owners will be responsible for the safe construction, operation, maintenance and supervision of a dam.
They must provide a dam safety unit in each dam which will inspect the dams:
before and after monsoon season, and during and after every earthquake, flood, calamity, or any sign of distress.
Functions of dam owners include:
preparing an emergency action plan
carrying out risk assessment studies at specified regular intervals
preparing a comprehensive dam safety evaluation through a panel of experts.
Offences and Penalties:
Anyone obstructing a person in the discharge of his functions under the Act or refusing to comply with directions may be imprisoned for a year.
In case of loss of life, the person may be imprisoned for two years.
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