NEW DELHI: Supreme Court Thursday rejected Tamil Nadu’s strident opposition to Karnataka’s proposed multi-purpose Mekedatu project and said that the M K Stalin govt’s objection to preparation of a detailed project report (DPR) is misconceived as it is yet to be approved by the Cauvery Water Management Authority (CWMA) and the Central Water Commission (CWC).A bench of Chief Justice B R Gavai and Justices K Vinod Chandran and Vipul M Pancholi said Tamil Nadu’s application seeking cancellation of the Mekedatu project is “totally misconceived and premature” as Karnataka is bound to release TN’s share of water as per the Cauvery Water Disputes Tribunal (CWDT) award, as modified by SC in 2018.”If Karnataka fails to do so, it runs the risk of committing contempt of court,” the bench said while rejecting Tamil Nadu’s application.
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However, it said if the DPR gets approved by the CWC, then the states would be free to take steps as permitted under the law.Tamil Nadu, through senior advocate Mukul Rohatgi, used strong words against Karnataka and tried every possible argument to persuade the top court to stop the detailed project report’s preparation.The bench said the CWDT award has allocated the share of water between the two states and the Union territory of Puducherry, and that whether the Mekedatu project is constructed or not, Karnataka is bound to release of 177 tmcft water to TN as per the SC judgment. Rohatgi said, “Karnataka is the upper riparian state. It wants to construct the dam and control the flow of water to Tamil Nadu. The dam will have the key for release of water to TN.” The bench said that if Karnataka does not release water as per the judgment, it would face contempt of court proceedings.Tamil Nadu said it has had a water dispute with Karnataka for the last 50 years and that it cannot trust that state on equitable sharing of Cauvery water. The bench asked, “If Karnataka is constructing the dam without affecting TN’s water share, how can TN oppose the project?”When the bench said the DPR is yet to be finalised and wanted to know how Tamil Nadu could oppose at this premature stage, TN said, “The mechanism for complaint against not honouring the water share decree is such that it will take a complaint months to be addressed. That is why we want to nip the problem in the bud.”Appearing for Karnataka, senior advocate Shyam Divan and advocate general Shashi Kiran Shetty told the court the state will utilise its share of Cauvery water for the purpose of storage in Mekedatu dam, which is to provide drinking water to the burgeoning city of Bengaluru and generate 400 MW of electricity. The dam would not impede the flow of water to Tamil Nadu, they assured.
