SC to deliver judgement on plea against Pennaiyar river

The Supreme Court is scheduled to deliver its judgement on Wednesday on a plea by Tamil Nadu for a direction to the Karnataka government from proceeding against the construction of check dam and diversion structure across the Pennaiyar river and its tributaries and pumping water from them to the existing tanks.

A bench of Justices U U Lalit and Vineet Sharna had in September reserved its judgement.

The court had earlier asked the Tamil Nadu government as to why it did not file a complaint with the Union government in “proper format” and sought a direction to refer its plea against Karnataka for construction of “large dams” across Markandeyanadhi to Inter-State Water Dispute Tribunal.

Tamil Nadu, for its part, contended on November 27, 2017, the tender was called for and it had not come late. Karnataka, on the other hand, questioned maintainability of the suit as well as the application by Tamil Nadu.

As much as 75 to 80 % of the project has been completed. It should be allowed to go on. Drinking water is on the highest priority of national water policy of 2002. This court has also recognised the principle of return flow. As much as 20% of water is actually impounded and the remaining still go back, it had said.

The state also pointed out 75% of the river basin fall in Tamil Nadu. Land acquisition for the project commenced way back in 2009, and the diversion of land started on December 4, 2012.