Daijiworld Media Network – Bengaluru

Bengaluru, Nov 14: The Supreme Court on Thursday dismissed the Tamil Nadu government’s plea challenging Karnataka’s proposed Mekedatu balancing reservoir project across the Cauvery River, calling the petition ‘premature’ and observing that the matter was still under expert consideration.

The verdict drew immediate praise from Karnataka Deputy Chief Minister D K Shivakumar, who hailed it as ‘a victory for justice and for Karnataka’s rightful share of Cauvery water’.

A bench comprising Chief Justice of India Bhushan R Gavai and Justices K Vinod Chandran and N V Anjaria held that the challenge raised by Tamil Nadu pertained only to the preparatory stage of the project and that the draft Detailed Project Report (DPR) was still being evaluated by the Central Water Commission (CWC).

“At this stage, what is being done by the CWC’s order is only the preparation of the DPR, that too after considering the objections of the State of Tamil Nadu and the experts of the CWMA and CWRC,” the bench said, referring to the Cauvery Water Management Authority (CWMA) and the Cauvery Water Regulation Committee (CWRC).

“The CWC has further directed that prior approval of these authorities would be a prerequisite for considering the DPR. In that view of the matter, we find the present application to be premature,” the Court stated.

Reiterating its reluctance to interfere in matters requiring technical expertise, the bench cited its August 25, 2023 order, in which it had declined to intervene in the Cauvery water release dispute, leaving the assessment of rainfall and storage conditions to the CWMA.

“We reiterate what was observed in our order dated August 25, 2023 — that this court does not possess the required expertise and should refrain from entering areas best left to experts,” the bench said.

Addressing Tamil Nadu’s apprehensions, the bench told senior advocate Mukul Rohatgi, who appeared for the state, “There does not seem to be a reason why you should have any apprehension that the central government or the CWC would be taking sides in this matter.”

The court clarified that Tamil Nadu was free to seek legal remedies once the DPR was approved by the CWC, while affirming that Karnataka remained bound by earlier directions to release water to Tamil Nadu. “If Karnataka fails to comply with the directions of this court, it faces the risk of committing contempt,” the bench said, adding that it was the CWMA’s duty to ensure compliance with the decree on apportionment.

Tamil Nadu’s petition had sought to restrain the CWMA from even discussing the Mekedatu project, arguing that it contravened the final orders of the Cauvery Water Disputes Tribunal (2007) and the Supreme Court’s 2018 ruling. The state alleged that the project would impound flows from uncontrolled catchments such as the Kabini sub-basin, areas downstream of the Krishnarajasagar (KRS) dam, and tributaries including Shimsha and Arkavathy, thereby affecting downstream irrigation.

However, senior advocate Shyam Divan, representing Karnataka, dismissed these concerns as ‘completely misconceived’, saying the project would not alter Tamil Nadu’s allocated share of water. “As long as that obligation is met, Karnataka should be allowed to proceed with preparatory work for the project, subject to statutory approvals,” he said.

Reacting to the verdict, D K Shivakumar, who also holds the Water Resources portfolio, said the judgment reaffirmed Karnataka’s rights. “Justice has flown from the seat of justice. We were only seeking our right and our water. We are not disturbing anyone. Tamil Nadu will also benefit and get sufficient water,” he told reporters in Bengaluru.

Shivakumar confirmed that Karnataka would move forward with the project at its own expense. “We will build it in our area and with our funds. We will also help Tamil Nadu during deficient rainfall. It is a balancing reservoir,” he said.

Calling the judgment ‘a victory for Bengalureans’, he added that the project would not only serve the state capital’s growing water needs but also ensure that Tamil Nadu received its rightful share. “I request Tamil Nadu to accept it with humility. Let us work together. They have to give us justice,” he said.

The Mekedatu Balancing Reservoir Project, located near the picturesque Mekedatu gorge—meaning “goat’s leap” in Kannada—where the Arkavathi River joins the Cauvery on the border of Ramanagara and Chamarajanagar districts, aims to provide 4.75 TMC ft of drinking water to the Bengaluru Metropolitan Region and generate about 400 MW of power annually.

According to officials in the water resources department, the project will serve as a buffer, ensuring Tamil Nadu’s water entitlement is maintained without depleting the KRS dam. The cost of the project is estimated between Rs 9,000 crore and Rs 14,000 crore.