Top court seeks Kerala’s reply to TN’s objection to survey report

NEW DELHI: The State government on Monday opposed the finding of the Survey of India (SoI) that Kerala had not encroached upon the land covered under the Periyar Lake Lease Agreement of October 1886 while executing a mega parking project near the Mullaperiyar dam.

A bench of Justices Abhay S Oka and Ujjal Bhuyan fixed July 10 for finalising the legal issues to be heard in the original suit filed by Tamil Nadu against Kerala.

“Tamil Nadu has filed an affidavit objecting to the survey report. The defendant (Kerala) shall file an affidavit with regard to the said objections,” the bench said, and gave Kerala four weeks to file its reply to Tamil Nadu’s objections. It also asked the two states to finalise the core legal issues that need to be adjudicated upon.

The affidavit filed by the Tamil Nadu government objected to the survey report and said that it was factually incorrect that the entire car parking was constructed outside the leased area. Represented by senior advocates P Wilson and Umapathi, the Tamil Nadu government said the SoI report needs to be rejected.

The State’s affidavit said, “The survey team should have involved other agencies for ascertaining the original ground level instead of arriving at a conclusion based on presumption.”

The Survey of India, which filed its report to the Apex court on March 5, 2024, in a sealed cover, gave a finding that the mega car park had not been constructed within the leased water area and did not affect the water reservoir.

On Nov 11, 2023, the SC had ordered a survey to ascertain whether the parking structure had been constructed on any part of the property covered by the Periyar Lake Lease Agreement of October 29, 1886.

In its suit filed in 2014, TN sought a decree of permanent injunction restraining Kerala from trespassing or encroaching upon the area leased to it and affirmed by the supplemental agreements of 1970 and from taking up any further construction of the mega car park in the leased area. It also sought restoration of the land trespassed/encroached upon to its original state.

The SC had on Nov 11, 2023, said the SoI or the officers nominated by it will determine the precise area or property covered by the said lease deed and ascertain whether the construction of the mega car park has been made in the leased area. It had given the SoI 3 months to file its report directly to the Apex court.