The Supreme Court on Thursday declined to admit an application filed by Tamil Nadu against Karnataka's plan for the construction of the Mekedatu dam on the Cauvery River.
A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria was hearing the matter.
According to LiveLaw, the bench dismissed the application challenging the order passed by the Central Water Commission (CWC) for the preparation of the Detailed Project Report (DPR) for the Mekadatu dam calling it "premature".
The apex court said that the plan would be approved only after considering the objections of the State as well as the opinion of the expert bodies, Cauvery Water Regulation Committee (CWRC) and the Cauvery Water Management Authority (CWMA).
"At this stage, 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 and CWRC,” the Court said.
The Court said that it should be noted 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.
“In that view of the matter, we find the present application to be premature," the bench has been quoted as saying.
Appearing on behalf of Tamil Nadu, Senior Advocate Mukul Rohatgi pointed out that the proposed Mekedatu Balancing Reservoir cum Drinking Water project would be detrimental for the farmers of Tamil Nadu who depend on the water of Cauvery for their livelihood, reported LiveLaw.
Tamil Nadu also highlighted that the reservoir is being built at an altitude higher than where the state would get water which is located at the measuring station at Biligundlu. This, the state argued, would adversely affect the release of water to the downstream falling under its territory..
On behalf of Karnataka, Senior Advocate Shyam Divan argued that the application by Tamil Nadu was a 'misconceived application'.
He pointed out that Karnataka has to deliver 177.25 TMC of water to Tamil Nadu according to the order of the Supreme Court.
Divan further said that in the case it does not happen, Karnataka should be able to go ahead with the reservoir project, subject to requisite permissions.
Referring to its earlier order from August 2023 which refused to go into the issue arising out of the Monsoon that year, the Court said that it does not “possess expertise” and that it should refrain from areas which are best reserved for experts.”
The Court further said that materials show that the direction of the CWC is based on suggestions of expert bodies.
“Not only that, the project would be considered by the CWC only if the CWMA approves of the same...in that view of the matter, we find that the present application, when the expert body is seisin of the matter, is premature," the Court said.
It further noted that the State of Karnataka is bound to release the water in pursuance of the directions of the Court and the authorities, saying, "If Karnataka fails to comply…it faces the risk of committing contempt of the court.”
According to the report, the Court said that if the DPR is approved by the CWC, then the State of Tamil Nadu would be free to take such steps to challenge it as permissible in law.
The present application was filed by Tamil Nadu’s as 'Miscellaneous Application' in its appeal in 2007 against the decision of the Cauvery Water Disputes Tribunal that was disposed of in 2018.
As per the provisions of Section 6A of the Inter-State River Water Disputes Act, 1956, the Central Government notified the Cauvery Water Management Scheme, 2018.
The scheme constitutes the 'Cauvery Water Management Authority' to give effect to the decision of the Cauvery Water Disputes Tribunal (Tribunal) as modified by the Supreme Court order in 2018.
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