Supreme Court bins TNs pleas against Mekedatu dam proposal
NEW DELHI: The Supreme Court on Thursday refused to entertain two applications filed by Tamil Nadu against Karnatakas move to construct a new reservoir at Mekedatu across the inter-state river Cauvery calling them premature. While the first application challenged the permission granted by the Central Water Commission (CWC) to Karnataka for preparing a Detailed Project Report (DPR), the second application was against the execution of the Mekedatu project, seeking a direction to the CWC to return the DPR submitted by Karnataka. The Karnataka government had submitted the DPR regarding the Mekedatu project to the CWC in 2018. A bench comprising Chief Justice of India B R Gavai, Justice K Vinod Chandran and Justice NV Anjaria on Thursday said the plan would be approved only after considering the objections of Tamil Nadu as well as the opinion of expert bodies such as the Cauvery Water Regulation Committee (CWRC) and the Cauvery Water Management Authority (CWMA). At this stage, the CWC order only permits the preparation of the DPR, that too after taking into consideration the objections of Tamil Nadu, and the expert opinion of the CWMA and CWRC, the bench pointed out. It is further to be noted that the CWC had further directed that the prior approval of the CWMA and CWRC would be a prerequisite for the consideration of the DPR. In that view, we find the present application is at a premature stage, the bench said. The court also referred to its order passed in August 2023. We reiterate what was observed in our order that we dont possess expertise. This court time and again has reiterated that this court should refrain from areas which are best reserved for experts, the bench observed. TN can raise objections with centre: SC Senior Advocate Mukul Rohatgi, appearing for Tamil Nadu, submitted that the project would be detrimental to TN farmers who depend on Cauvery waters for their livelihood. The CWRC should not be allowed to approve the Karnatakas DPR. The SC should take the final decision on the issue, he said. Rohatgi further argued that the reservoir is being built at an altitude higher than where Tamil Nadu is to get the water, i.e. the measuring station at Biligundlu, which would adversely affect the release of water to the downstream state. The court added that if the DPR is approved by the CWC, then Tamil Nadu would be free to take such steps to challenge it as permissible in law. The judges said, It is only in the stage of a DPR. What is the problem with that? You (Tamil Nadu) should raise your objections to the central government or the appropriate body, the court said. Advocate Shyam Diwan and other lawyers, appearing for Karnataka, said that even if the new dam is built, Tamil Nadu, Puducherry and Kerala will not be affected. By the order of the SC, Karnataka is duty-bound to deliver 177.25 tmcft of water to Tamil Nadu and if the same is not affected, then they (Karnataka) should be able to go ahead with the reservoir project. The 2018 SC verdict has not imposed any restriction on Karnataka regarding the Mekedatu project or any other project within its territory, the counsels said. DKS welcomes verdict Bengaluru: Welcoming the ruling, Karnataka Deputy CM DK Shivakumar, said, Justice has flown from the seat of justice. Asserting that the state had merely sought its rightful share he said a reservoir would be constructed within Karnataka at its own cost. Min says state can still oppose project, opposition slams govt Chennai: Water Resources Minister Duraimurugan said the SC has allowed Tamil Nadu to convey its opposition to Mekedatu project to CWMA and CWC and that no decision can be taken without hearing the lower riparian states views. Meanwhile, AIADMK general secretary Edappadi K Palaniswami, BJP state chief Nainar Nagenthran and PMK leader Anbumani Ramadoss on Thursday expressed anguish over the order. The DMK government has failed to present strong arguments in the SC and safeguard Tamil Nadus rights, EPS said
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