SC rejects TN's plea against construction of Mekedatu reservoir project

A bench comprising Chief Justice of India BR Gavai said the plan would be approved only after considering the objections of the State as well as the opinion of the expert bodies

The Supreme Court on Thursday rejected a plea by the Tamil Nadu government against construction of the Mekedatu Balancing Reservoir Project across the Cauvery river by Karnataka, terming it "premature".

A bench comprising Chief Justice of India BR Gavai, Justices K Vinod Chandran and Justice NV Anjaria said 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 permitting 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 is at a premature stage," 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.

"We reiterate what was observed in our order dated August 25, 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 said.

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."  The balancing reservoir at the Karnataka-Tamil Nadu border has been proposed at Karnataka Deputy Chief Minister D K Shivakumar's home town Kanakapura in Bengaluru South district (erstwhile Ramanagara district).