NEW DELHI: Opposing the construction of a reservoir at Mekedatu on the Cauvery river, the Tamil Nadu government on Wednesday submitted before the Supreme Court that the dam will ‘severely impact’ the water flow to the state.
“They (Karnataka) are proposing to impound some water at a place called Mekedatu, which according to us will severely impact the water flow to Biligundlu,” senior advocate Mukul Rohatgi, appearing for Tamil Nadu, said.
However, the Karnataka government refuted claims made by Tamil Nadu and told a bench headed by Justice AM Khanwilkar that the reservoir is set to be constructed within the state and there is no question of impacting the water flow.
The bench, also comprising Justices AS Oka and JB Pardiwala, was hearing Tamil Nadu’s plea seeking to restrain the Cauvery Water Management Authority (CWMA) from deliberating or passing any order or direction concerning the detailed project report for the proposed Mekedatu balancing reservoir-cum-drinking water project.
After hearing arguments, the bench posted the matter for hearing to July 26 and issued notice on the application filed by Tamil Nadu.
While arguing, Rohatgi told the court the CWMA has no jurisdiction to examine the project.
“The question is whether this authority has the jurisdiction,” the bench observed, adding, “This is a jurisdictional issue”.
Senior advocate Shyam Divan, appearing for Karnataka, told the bench that the application filed by Tamil Nadu is completely misconceived.
During the hearing, the bench orally observed that the authority may deliberate on this issue but in that deliberation, if any decision is taken then it will be subject to the outcome of the application.
“It is our case, this deliberation is complete without jurisdiction,” Rohatgi said, adding, the whole thing is actually an attempt to bypass the judgment of this court. On the other hand, Divan said they will ask the authority to postpone the matter to Friday since the apex court is hearing the application.