Mullaperiyar car parking: SC frames issues arising for consideration involving Kerala and Tamil Nadu
New Delhi: The Supreme Court has framed issues for consideration pertinent to a petition filed by the Tamil Nadu government, alleging that the Kerala government has encroached on land within the Periyar Tiger Reserve, leased to Tamil Nadu under the Periyar Lake Lease Agreement. The bench, led by Justice A.S. Oka, has framed issues in the dispute involving the two states. The case is scheduled to be heard again on 30th September.
Previously, the Supreme Court directed the Survey of India, a central government agency, to investigate Tamil Nadu's claims that a car parking facility was constructed in the Mullaperiyar catchment area, encroaching on the leased land of Tamil Nadu. The Survey of India's report, however, rejected Tamil Nadu's claims and favoured Kerala, prompting Tamil Nadu to file another petition challenging the survey report.
From the outset of the project, Tamil Nadu has opposed the construction of the car parking facility intended for visitors to the Periyar Tiger Reserve in the Mullaperiyar catchment area, demanding the demolition of the construction and the cessation of land encroachment in the water spread area under the pretext of car parking. They have also called for the halting of the land-filling with sand.
In contrast, the Kerala government contends that the 1886 lease agreement does not grant any rights to the land at Periyar.
Issues for Consideration:
- Whether the Suit is not maintainable under Article 131 of the Constitution?
- Whether the plea of the defendant on the validity of the Lease Deed of 1886 is not barred by the principles of res judicata?
- Whether the Government of India is the true successor to the Lease Deed of 1886 instead of Government of Tamil Nadu by virtue of Article 249(b) of the Constitution, conceding that the Standstill Agreement executed between Princely State of Travancore and Dominion of India as per the provisions of Section 7(1)(b) of the Indian Independence Act, 1947 survived after the commencement of the Constitution of India?
- Whether the Lease Deed of 1886 is valid and enforceable in the changed circumstances?
- Whether Section 108 of the State Reorganisation Act will attract and give protection to the Lease Deed of 1886 as the Section only deals with the agreements entered into by the “existing States” defined by Section 2(g) of the State Reorganisation Act of 1956?
- Whether the various encroachments in the leased area by the actions of the defendant is not an infringement on the rights of the plaintiff under the Lease Deed of 1886?
- Whether the defendant is interfering with the right to peaceful and exclusive possession under the Lease Deed of 1886 and the Supplementary Agreement of 1970?
- Whether the proposed Mega Car Parking area is not in the water spread area of the Mullai Periyar Dam?
- Whether the proposed construction of the Mega Car Parking Complex in the water spread area of the Mullai Periyar Dam is in breach and violation of the rights under the Lease Deed of 1886?
- Whether the Survey Report of March 2024 submitted by the Survey of India is correct and has any relevance to the present Suit?
- To what relief the plaintiff is entitled to?