Chennai: Tamil Nadu Chief Minister C. Joseph Vijay has written to Prime Minister Narendra Modi urging the Union government to withdraw the reply given by the Minister of State for Jal Shakti in the Rajya Sabha regarding the proposed Mekedatu Dam project, contending that it overlooks settled legal principles governing inter-State rivers.
In his letter dated July 28, the Chief Minister objected to the Minister's statement that the Supreme Court's February 16, 2018 judgment on the Cauvery dispute does not expressly require Karnataka to obtain the consent of lower riparian States before constructing a structure across the Cauvery. He described the reply as "disappointing" and argued that it failed to take into account the prevailing legal position.
The Chief Minister cited the Constitution Bench judgment in the Alamatti case between Karnataka and Andhra Pradesh, stating that the Supreme Court had held that the consent of lower riparian States is necessary before an upstream State undertakes such projects. He also referred to the Cauvery Water Disputes Tribunal (CWDT) Award and the Supreme Court's 2018 judgment affirming it, arguing that any project capable of affecting the regulated flow of the river must be examined for consistency with the Tribunal Award.
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The letter further pointed to provisions of the Tribunal Award requiring mutual agreement and consultation before any upper riparian State takes actions affecting scheduled water releases to downstream States. It also noted that the Central Water Commission had returned Karnataka's Detailed Project Report for the Mekedatu project in 2019 for revision to ensure compliance with the Tribunal Award and applicable guidelines.
Seeking the Prime Minister's intervention, the Chief Minister requested that no statutory or administrative approval be granted to the Mekedatu project unless it is demonstrably consistent with the CWDT Award and the Supreme Court's judgment. He also urged the Centre to ensure that the rights of lower riparian States in terms of both water allocation and regulated releases are fully protected and that any future consideration of the project follows a comprehensive technical and legal examination addressing the concerns of all lower riparian States.
Describing the Cauvery as the lifeline of millions of farmers and citizens across southern India, the Chief Minister said safeguarding the Tribunal Award and the Supreme Court's judgment was essential for maintaining confidence in the constitutional framework governing inter-State rivers.
