The Supreme Court on Wednesday agreed to hear on July 26 the spat between Tamil Nadu and Karnataka over the proposed construction of a reservoir by Karnataka at Mekedatu across the inter-State River Cauvery.
Meanwhile, both States told a Bench led by Justice A.M. Khanwilkar that they would inform the Cauvery Water Management Authority (CWMA) to defer its deliberation this week on the issue of the proposed construction.
The hearing was based on an application moved by Tamil Nadu in the apex court seeking a direction to restrain the CWMA from deliberating the proposed reservoir project. The application has stated that the planning of the Mekedatu project with a capacity of 67.16 tmc ft. and generation of 400 MW project worth ₹9,000 crore was in “gross violation" of the decision of the Cauvery Water Disputes Tribunal of February 5, 2007, which was affirmed by the Supreme Court itself on February 16, 2018.
“The entire objective of the Tribunal’s final decision is to ensure that the pattern of the release of water to the downstream State to meet irrigation interests is not jeopardised,” Tamil Nadu, represented by senior advocate Mukul Rohatgi, argued.
‘Completely misconceived’
Senior advocate Shyam Divan, for Karnataka, said the project would in no way impact the water allotted to Tamil Nadu. He said Tamil Nadu's apprehensions were "completely misconceived".
But Tamil Nadu explained that the proposed reservoir would result in the impounding of the flows generated in the Cauvery River from the uncontrolled catchment of the Kabini sub-basin downstream of the Kabini reservoir, the catchment of Cauvery River downstream of KRS dam, uncontrolled flows from Shimsha, Arkavathy and Suvarnavathy sub-basins and various other small streams, which are the sources to ensure 177.25 tmc at Billigundlu.
It said the CWMA could not deliberate or pass any directions on the project when the Supreme Court was seized of the State’s applications to direct the Central Water Commission to reject and return the Detailed Project Report (DPR) for the project and restrain the Environment Ministry from entertaining any application for clearance relating to the Mekedatu project.
