Mekedatu project: SC rejects Tamil Nadu’s plea against Karnataka

The Supreme Court on Thursday (November 13) refused to interfere in Karnataka’s Mekedatu project as it dismissed Tamil Nadu’s plea against the construction of a dam on the River Cauvery.

The Karnataka government has been discussing the construction of a balancing reservoir at Mekedatu in Kanakapura taluk of Bengaluru South District on the Karnataka-Tamil Nadu border for years now. However, Tamil Nadu has been opposing the project, citing that it would take away its share of the Cauvery water.

What SC said

A Bench comprising Chief Justice of India BR Gavai, Justices K Vinod Chandran and Justice NV Anjaria said the Mekedatu 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).

Also read: Siddaramaiah defends Mekedatu project, says Tamil Nadu won’t be affected

"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. It is further to 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 said.

The top court said the final decision by CWC would be taken only after preparation for DPR and opinion of CWMA and CWRC.

The apex court noted that earlier in August 2023, the three-judge Bench had refused to go into the issue which arose with respect to the Monsoon of 2023, and had asked the CWMA to assess the situation saying that the court does not possess the expertise.

Top court’s warning to Karnataka

"We reiterate what was observed in our order dated 25.08.2023 that we don't possess expertise. This court time and again reiterated that this court should refrain from areas which are best reserved for experts," the Bench added.

"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 apex court observed.

The top court said Karnataka is bound to release the water in pursuance of the directions of the court and added, "If Karnataka fails to comply with the directions of this court, it faces the risk of committing contempt of the court."