TN CM urges PM Modi to protect state interests over Mekedatu project

TN CM C Joseph Vijay wrote to PM Modi over the Mekedatu project, urging the Centre to protect lower riparian states' interests. He cited the CWDT award and SC judgments, calling a minister's reply on the issue 'disappointing'.

TN CM Objects to Centre's Stance on Mekedatu

Tamil Nadu Chief Minister C Joseph Vijay has written 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.

Cites Legal Precedents and Tribunal Awards

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.

He further referred to the Tribunal's observations in the case of Kerala's Pambar Hydro-electric Project, where, despite involving only 0.1 TMC of consumptive use, the Tribunal directed Kerala and Tamil Nadu to jointly decide the schedule of water releases to ensure downstream irrigation was not adversely affected.

According to Vijay, this demonstrated that the Tribunal attached importance not only to annual water allocation but also to coordinated regulation of releases affecting lower riparian interests.

The Chief Minister also referred to Clause XI of the Tribunal Award, which, he said, prohibits any upper riparian state from taking action affecting scheduled deliveries to downstream states except through mutual agreement and consultation with the regulatory authority. He added that Clause XX recognises that any modification to the Award can be made only through agreement among the party states.

Vijay stated that the proposed Mekedatu project could not be evaluated merely as an engineering proposal and said its legal permissibility must first be examined in the context of the CWDT Award, the Supreme Court's February 16, 2018 judgment and the rights of the lower riparian states.

He also noted that the Detailed Project Report submitted by Karnataka in 2019 had been returned by the Central Water Commission for revision to ensure compliance with the Tribunal Award and applicable guidelines, which, he said, demonstrated that such compliance remained an indispensable precondition.

Urges PM's Intervention

In the letter, the Chief Minister requested the Centre to withdraw the reply given by the Minister of State for Jal Shakti in the Rajya Sabha and ensure that no statutory or administrative approval is granted to the Mekedatu project unless it is demonstrably consistent with the CWDT Award and the Supreme Court judgment.

He also urged the Centre to protect the rights of the lower riparian states in relation to both the quantity of water and the regulated pattern of releases, and said any future consideration of the project should be undertaken only after a comprehensive technical and legal examination taking into account the concerns of all lower riparian states.

Calling the Cauvery "the lifeline of millions of farmers and citizens across southern India," Vijay said protecting the integrity of the Tribunal Award and the Supreme Court judgment was essential for maintaining confidence in the constitutional mechanism governing inter-state rivers. He requested the Prime Minister's intervention "in the larger interest of justice, federal harmony and faithful implementation of judicial decisions." (ANI)

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