Supreme Court declines to consider plea by Tamil Nadu against Karnataka's Mekedatu project

New Delhi: The Supreme Court on Thursday declined to consider a plea by Tamil Nadu against Karnataka's proposed 'Mekedatu Balancing Reservoir cum Drinking Water project’, crucial for alleviating the severe water distress and meeting the drinking water needs of millions of residents in the Bengaluru Metropolitan Region.

A bench of Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria called as premature the application filed by Tamil Nadu against the nod by the Central Water Commission for the preparation of the detailed project report (DPR) in the matter.

Senior advocates Mukul Rohatgi, and P Wilson, for Tamil Nadu contended that the proposed project would be detrimental for the interests of the farmers of the state, dependent upon the Cauvery river water.

Terming TN's plea as misconceived, senior advocate Shyam Divan, along with Karnataka Advocate General Shashi Kiran Shetty, senior advocate Mohan Katarki and advocate Nishanth Patil for Karnataka, submitted that as per the Supreme Court's order, Karnataka is duty-bound to deliver 177.25 TMC of water to Tamil Nadu and if it is not affected, then they should be able to go ahead with the reservoir project, subject to requisite permissions.

Agreeing to the submission, the bench said, "What is being done by the order passed by the CWC is only the preparation of the DPR, that too after taking into consideration the objections of the state of Tamil Nadu, the experts of the CWMA (Cauvery Water Management Authority) and CWRC (Cauvery Water Regulation Committee)."

The bench pointed out 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.

The bench also emphasised, this court time and again reiterated that this court should refrain from areas which are best reserved for experts.

The court also clarified, "If the DPR is approved by the CWC, then the state of Tamil Nadu would be free to take such steps as permissible in law."

With the order, the Supreme Court put a closure to the applications filed by the state of Tamil Nadu against Karnataka in regard to Mekedatu water balancing reservoir.

The court has noted the state's stand that it is building the dam in furtherance of the order and award of the tribunal and also the judgment of the Supreme court of India. This is in furtherance to the objectives of the state of Karnataka.

"The CWC and CWMA have been identified as the authorities to take the decision as far as the technical appraisal of the projects are concerned. Karnataka believes its right to construct an upstream dam has been upheld by the SC in as much as it is within its right to utilise the waters as it deems fit subject to the SC judgment and award," Karnataka's legal team said.

The CWC and the CWMA will now have to give their respective clearances on an urgent basis so that any further impediments are not coming in the implementation of the project, they added.

Karnataka claimed the project is of vital importance to regulate monthly stipulated releases to Tamil Nadu in a normal year at Biligundlu in accordance with the final order of Cauvery Water Dispute Tribunal as modified by the judgment of the Supreme court on February 16, 2018.

It is important to utilise 4.75 TMC (consumptive use) of water for meeting the drinking water needs of Bangalore Metropolitan Region as allocated by this court, the state felt.