New Delhi: Tamil Nadu on Wednesday strongly opposed in the Supreme Court the Karnataka’s government proposal for preparing the Detailed Project Report (DPR) for the proposal to construct Mekedatu dam in the Cauvery river basin.
The state made this submission before a Bench of Justices A.M. Kanwilkar and Ajay Rastogi hearing an application challenging the Karnataka government’s move to go ahead with the preparation of DPR.
TN has sought a direction to CWC to withdraw the letter dated November 22, 2018 granting permission for the preparation of DPR with regard to the proposed project The Bench after hearing counsel for the Centre and the States granted time to Centre, Karnataka and Kerala to file their response and posted the matter for further hearing after three weeks.
Tamil Nadu pointed out that in the letter of Central Water Commission dated Nov 22, 2018 it is clearly stated that while preparing the DPR, the views of other co-basin States would also be taken into consideration, so that inter-State issues can be resolved amicably. However, Karnataka has not sought the views of the co-basin States. In such an event, when the matter is being examined by this Court and is sub-judice, it is not open to Karnataka to contend that DPR having being filed, application no longer survives.
The said submission is wholly misplaced and untenable. Karnataka has filed the DPR without complying with conditions imposed in the letter and without considering the objections of the co-basin States and the clearance from the Cauvery Water Management Authority.
The State reiterated that the Mekedatu Reservoir proposal of Karnataka should not be considered as Karnataka is drawing water from Netkal Balancing Reservoir to meet the drinking water to Bengaluru City. There is no need for a reservoir at Mekedatu by Karnataka. The proposed reservoir would impound the uncontrolled intermediate flows between KRS, Kabini and Billigundulu.
Further Tamil Nadu would be deprived of receiving monthly flows for irrigation in the crucial months from June to September. This would be against the Final Order of the Cauvery Water Disputes Tribunal as modified by this Court. The existing storage facilities available in the Cauvery basin is adequate for storing and distributing water to lower riparian States for release of water on monthly / 10 day basis by Karnataka from its reservoirs.
The State contended that it is a ploy to increase the storage capacity and enhance Karnataka’s irrigation, which is a gross violation of the decisions of the Tribunal as modified by this Court. Tamil Nadu has filed detailed objections to the project to CWC and made out a case before this Court that the proposed scheme would seriously affect the adjudication rendered by the Tribunal and affirmed by this Court and that the proposed project is a device to impound the flows from the uncontrolled catchment.
TN rejected Karnataka’s stand that there is no need for Karnataka to get the concurrence of the applicant State and of co-basin States for preparation of Detailed Project Report. It said the Chief Minister of Tamil Nadu in a letter dated January 25 to the Prime Minister reiterated that the unilateral action of Karnataka proposing to construct the Mekedatu reservoir would affect lakhs and lakhs of farmers in Tamil Nadu, and that the project is in violation of the judgment of this Court dated Feb. 16, 2018. The CM requested the PM to direct Ministry of Water Resources to instruct CWC to reject outright and return the DPR submitted by the State of Karnataka.
Tamil Nadu made it clear that Karnataka being an upper riparian State cannot plan / propose to construct a dam, reservoir etc., without the concurrence of co-basin States and Cauvery Water Management Authority. In the absence of consent of the co-basin States and the clearance from the Cauvery Water Management Authority for the Mekedatu Project, the question of considering the Feasibility Report/DPR will not arise, TN said and urged the court to quash the nod given by the Centre for the DPR.
