Solicitor General clarifies CWMA can decide on Mekedatu

Solicitor General of India Tushar Mehta has said that the Cauvery Water Management Authority (CWMA) has power to take a decision on the Mekedatu project as per the modified Cauvery Water Dispute Tribunal final award.

In his opinion to the CWMA in the Jal Shakti Ministry, Mehta said that “The composition of CWMA under Section 3 of the notification, dated June 1, 2018, makes it clear that it has representation from each affected state and as the powers and functions as enumerated under Section 10 of the Scheme. The said powers are very wide. It appears that it is for the said reasons that the Central Water Commission (CWC) has required CWMA to examine the issue first and give its report.”

“In light of the above, in my opinion, suffice to say that CWMA can discuss and deliberate upon the project in question and give its report to the CWC,” Mehta said in his opinion.

Earlier, the CWMA sought the SG’s opinion as per the decision in the CWMA meeting held on February 11, 2011.

Read | SC allows discussion on Mekedatu dam project

Tamil Nadu argued that the CWMA did not have power to discuss the issue of examine/approval of projects in the Kaveri basin. However, Karnataka contended that the CWMA has power to discuss and give approval for the Mekedatu project.

Karnataka proposed to build Mekedatu balancing reservoir across Kaveri river at Mekedatu near Kanakapura to supply drinking water to Bengaluru and surrounding areas. However, Tamil Nadu has been opposing this.

The Supreme Court, which is hearing the dispute, on Tuesday posted the matter for further hearing to August 10.

The apex court was hearing Tamil Nadu’s application seeking to restrain the CWMA from deliberating or passing any order or direction concerning the detailed project report on the Mekedatu project pending disposal of the applications concerning the project filed by the state.

The matter came up for hearing before a bench comprising Justices A M Khanwilkar, A S Oka, and J B Pardiwala.

Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the CWMA, sought some time to place an affidavit in the matter.