SUPREME COURT DISMISSES TAMIL NADU’S PETITION CHALLENGING KARNATAKA’S MEKEDATU DAM PLAN AS PREMATURE:

The Supreme Court on Thursday, November 13, dismissed an application filed by the State of Tamil Nadu challenging Karnataka’s proposed construction of the Mekedatu dam across the Cauvery River, terming the plea premature. The bench, comprising Chief Justice of India BR Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria, observed that Tamil Nadu’s challenge to the Central Water Commission’s (CWC) order permitting the preparation of a Detailed Project Report (DPR) for the project was not maintainable at this stage.

The Court clarified that the CWC’s order merely allowed the preparation of the DPR and did not amount to any final approval of the dam project. It noted that before any approval is granted, the objections raised by Tamil Nadu and the views of the Cauvery Water Management Authority (CWMA) and the Cauvery Water Regulation Committee (CWRC) must be carefully considered. The bench stated that the CWC had itself made it clear that prior approval from both expert bodies would be mandatory before the project could move forward. Therefore, the application filed by Tamil Nadu was found to be premature and was accordingly rejected.

Referring to its earlier order from August 2023 concerning issues related to the 2023 monsoon and Cauvery water releases, the Court reiterated that it did not possess technical expertise to adjudicate on highly specialized hydrological or environmental assessments. The bench stated that such matters fall within the domain of expert bodies constituted for this purpose and that the judiciary must refrain from interfering in areas best handled by specialists. The judges observed that the CWC’s directions were based on expert recommendations and that the project would be considered further only if the CWMA approved it. Hence, with expert bodies already seized of the matter, judicial interference at this juncture was deemed inappropriate.

The Court, however, underscored that Karnataka remains bound by the directions issued by both the Supreme Court and the authorities established under the Cauvery Water Management Scheme, 2018. It warned that any failure by Karnataka to comply with the Court’s orders on the release of Cauvery water would expose the State to contempt proceedings. At the same time, the bench made it clear that if the DPR is eventually approved by the CWC, Tamil Nadu would be free to challenge it through appropriate legal means.

Tamil Nadu’s application was filed as a miscellaneous application in its earlier appeal from 2007 against the decision of the Cauvery Water Disputes Tribunal, which was finally disposed of by the Supreme Court in 2018. Following that decision, the Central Government, exercising powers under Section 6A of the Inter-State River Water Disputes Act, 1956, notified the Cauvery Water Management Scheme, 2018, which established the CWMA and CWRC to ensure compliance with the Tribunal’s verdict as modified by the Supreme Court.

Senior Advocate Mukul Rohatgi, representing Tamil Nadu, argued that Karnataka’s proposed Mekedatu Balancing Reservoir cum Drinking Water Project would harm farmers in Tamil Nadu who depend on the Cauvery for irrigation. He contended that the reservoir was planned at an elevation higher than the Biligundlu measuring station, from which Tamil Nadu receives its allocated share of water, potentially obstructing the downstream flow.

In response, Senior Advocate Shyam Divan, appearing for Karnataka, maintained that Tamil Nadu’s application was misconceived. He asserted that Karnataka was obligated under the Supreme Court’s directions to release 177.25 TMC of water annually to Tamil Nadu. As long as this obligation was fulfilled, he argued, Karnataka should be permitted to proceed with the project, subject to statutory and expert approvals. After considering the submissions, the Supreme Court concluded that the matter was still at a preliminary stage and that intervention before the completion of expert evaluation would be unwarranted.