Supreme Court Deems Tamil Nadu's Mekedatu Plea 'Premature'

Supreme Court Dismisses Mekedatu Challenge as Premature

The Supreme Court of India on Thursday dismissed an application filed by the state of Tamil Nadu challenging Karnataka's proposed Mekedatu Balancing Reservoir-cum-Drinking Water Project, terming the plea 'premature'. A bench comprising Chief Justice of India B.R. Gavai, along with Justices K. Vinod Chandran and N.V. Anjaria, clarified that the project is currently only at the stage of preparing a Detailed Project Report (DPR), which necessitates multiple layers of expert scrutiny and approvals before any implementation.

Court's Rationale: Expert Scrutiny Required

The apex court highlighted that the Central Water Commission (CWC) had only permitted the preparation of the DPR, not its execution. Crucially, the CWC has mandated that prior approval from both the Cauvery Water Management Authority (CWMA) and the Cauvery Water Regulation Committee (CWRC) would be a prerequisite for the DPR's formal consideration. The bench reiterated its consistent position that the judiciary should refrain from intervening in matters that require technical expertise, which are best reserved for specialized bodies. The court noted, '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 and the experts of the CWMA and CWRC.'

The Mekedatu Project and Inter-State Dispute

The Mekedatu project is a multi-purpose initiative proposed by Karnataka, aiming to construct a balancing reservoir near Kanakapura in the Ramanagara district, at the confluence of the Cauvery River with its tributary Arkavathi. The project's primary objectives include providing 4.75 TMC (thousand million cubic feet) of drinking water to the Bengaluru Metropolitan Region and generating 400 MW of hydroelectric power. The estimated cost of the project is approximately Rs 9,000 crores.

The dispute stems from Tamil Nadu's long-standing opposition, arguing that the project would adversely affect the flow of water to its downstream regions, thereby impacting its agricultural activities and water supply. Tamil Nadu contends that Karnataka cannot construct a reservoir on an inter-state river without the consent of the lower riparian state and that the project violates the Cauvery Water Disputes Tribunal's (CWDT) final order of 2007 and the Supreme Court's 2018 verdict on water sharing.

Tamil Nadu's Concerns and Karnataka's Defense

Senior Advocate Mukul Rohatgi, representing Tamil Nadu, argued that the proposed project would be detrimental to farmers in Tamil Nadu who rely on Cauvery water for their livelihood. He contended that the reservoir, located upstream of the Biligundlu measuring station, would negatively impact water release to the downstream state.

Conversely, Karnataka maintained that the project is crucial for meeting Bengaluru's drinking water needs and would help manage water release to Tamil Nadu during distress years by impounding excess water that would otherwise flow into the sea. Karnataka's legal team asserted that the state is bound to release 177.25 TMC of water to Tamil Nadu as per the Supreme Court's 2018 judgment, and the Mekedatu project would not infringe upon this obligation. They argued that the 2018 judgment did not restrict Karnataka from constructing projects within its territory, provided the mandated water release continues.

Future Implications and Court's Warning

While dismissing Tamil Nadu's current plea, the Supreme Court issued a clear warning to Karnataka, emphasizing that it remains bound by its obligation to release water as directed in previous judicial orders. The court stated that any failure to comply would risk contempt of court proceedings. The bench clarified that if the DPR eventually receives approval from the CWC, after due consideration by the CWMA and CWRC, Tamil Nadu would then be free to pursue appropriate legal remedies.