In a decisive move regarding the ongoing dispute between Kerala and Tamil Nadu, the Supreme Court has mandated a comprehensive survey by the Survey of India. The objective is to determine the precise boundaries covered by the Periyar Lake Lease Agreement of October 29, 1886, and assess if Kerala’s ambitious mega car parking project infringes upon the designated area.
The court’s directive, issued on November 28, comes subsequent to affidavits filed by both states, mutually consenting to the proposed survey by the Survey of India. The Supreme Court has granted a three-month period for the survey to be conducted, with a detailed report expected to be submitted by March 11, 2024.
The court emphasized, “The Survey of India will have to carry out the exercise of determining the precise area or property covered by the lease deed and then ascertain whether the construction of the mega car park has been made in the leased area.”
This development follows an earlier court order on October 18, 2023, suggesting the resolution of the controversy through a joint survey to determine the exact location of the Mega Car Park.
The legal battle, initiated by the State of Tamil Nadu against Kerala, revolves around the construction of a mega car parking facility within the Mullaperiyar catchment area. The case, presided over by Justices Abhay S. Oka and Pankaj Mithal, dates back to 2014 when Tamil Nadu challenged Kerala’s authority to undertake such a project.
Senior Counsel representing Tamil Nadu informed the court of their willingness to follow the procedures outlined in paragraph 12 of Kerala’s affidavit submitted on November 24, 2023.
The heart of the matter lies in the contention that the proposed car parking project encroaches upon the area leased to Tamil Nadu under the Periyar Lease Agreement of 1886 between the princely State of Travancore and the Madras Presidency.
Despite continuous negotiation efforts since 2017, with a previous attempt in 2017 led by Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud, a settlement between the two states remains elusive. The court had then granted a six-week period for negotiation, expressing a desire for an amicable resolution, but the matter has now returned to the Supreme Court for further adjudication.
The case is scheduled for the next hearing on March 11, 2024, marking a critical juncture in the prolonged legal dispute titled “State Of Tamil Nadu v The State Of Kerala.”
