Mekedatu dam: HC asks TN govt, Centre to reply on AIADMK's plea

The Madras High Court has directed the Tamil Nadu government and the Union Jal Shakti Ministry to file responses on a plea by the AIADMK. The petition challenges a state assembly amendment calling for a tribunal on the Mekedatu dam issue.

HC Seeks Response on AIADMK Plea

The Madras High Court has directed the Tamil Nadu Chief Secretary, the Secretary of the Legislative Assembly, and the Union Ministry of Jal Shakti to file their responses within two weeks in a petition filed by the AIADMK seeking to quash the amendment passed by the Tamil Nadu Legislative Assembly calling for the constitution of a tribunal in the Mekedatu dam issue.

On June 19, the Tamil Nadu Legislative Assembly passed a resolution opposing the Karnataka government's proposal to construct the Mekedatu dam across the Cauvery River. The resolution was amended to specifically urge the constitution of a tribunal to address the Mekedatu dam issue. The AIADMK, PMK, and the Communist Party of India (CPI) had opposed this amendment.

Subsequently, AIADMK Whip Agri Krishnamurthy filed fmekea petition before the Madras High Court challenging the amendment. The petition stated that the amendment was not included in the copy of the resolution circulated to MLAs on June 18 regarding the special resolution and that it was passed without any discussion. It further alleged that although the amendment was not adopted unanimously, the resolution was forwarded to the Union Government as if it had been passed unanimously. Hearing the petition, a Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan directed the Tamil Nadu Chief Secretary, the Secretary of the Legislative Assembly, and the Union Ministry of Jal Shakti to file their responses within two weeks and adjourned the case.

CM Urges Centre's Intervention

Earlier, Tamil Nadu Chief Minister C Joseph Vijay wrote to Prime Minister Narendra Modi over the proposed Mekedatu project, urging the Centre to safeguard the interests of the lower riparian states and ensure that any decision on the project is consistent with the Cauvery Water Disputes Tribunal (CWDT) Award and the Supreme Court's judgment on the Cauvery water dispute.

In the letter, Vijay referred to the reply given by the Minister of State for Jal Shakti in the Rajya Sabha to an unstarred question on the Mekedatu project, which stated that the Supreme Court's judgment dated February 16, 2018, does not expressly stipulate that Karnataka should obtain the consent of the lower riparian states before constructing a structure across the Cauvery River. Describing the reply as "disappointing", he said it appeared to have been made without taking into consideration the prevailing legal position and settled law regarding the consent of lower riparian states.

The Chief Minister cited the Constitution Bench judgment in State of Karnataka vs State of Andhra Pradesh relating to the Alamatti project, stating that the Supreme Court had ruled that Karnataka could not undertake such construction without the consent of the lower riparian state, which is absolutely necessary. Referring to the CWDT Award, Vijay said the Supreme Court had expressly affirmed Clause XVIII of the Tribunal Award, under which each state may regulate waters within its territory only in a manner consistent with the Tribunal's directions. He argued that any project capable of affecting the regulated flow of the Cauvery must therefore be examined for consistency with the Award. (ANI)

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