Madras HC Seeks TN, Centre’s Reply on Plea Against Mekedatu Resolution

Chennai: The Madras High Court has directed the Tamil Nadu Chief Secretary, Legislative Assembly Secretary and Union Ministry of Jal Shakti to file their responses within two weeks to a petition filed by the AIADMK seeking to quash the amendment passed by the Tamil Nadu Legislative Assembly calling for the establishment 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 build the Mekedatu dam across the Cauvery River. The decision was amended to specifically encourage the establishment of a tribunal to deal with the Mekedatu dam issue.

AIADMK, PMK and Communist Party of India (CPI) had opposed this change. Later, AIADMK Whip Agri Krishnamurthy filed a petition in the Madras High Court challenging the amendment.

The petition stated that the amendment was not included in the copy of the resolution sent to MLAs on June 18 regarding the special resolution and it was accepted without any discussion. He further argued that though the amendment was not passed unanimously, the decision was conveyed to the Union Government as if it had been taken unanimously.

Hearing the petition, the Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan directed the Tamil Nadu Chief Secretary, Legislative Assembly Secretary and Union Ministry of Jal Shakti to submit their replies within two weeks and adjourned the case.

Earlier, Tamil Nadu Chief Minister C. Joseph Vijay wrote a letter to Prime Minister Narendra Modi on the proposed Mekedatu project, urging the Center to protect 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 verdict on the Cauvery water dispute.

In the letter, Vijay referred to the reply given in the Rajya Sabha to an unstarred question for Minister of State for Jal Shakti on the Mekedatu project, stating that the Supreme Court in its judgment dated February 16, 2018, did not clearly state that Karnataka must seek the consent of the lower riparian states before constructing a structure along the Cauvery River.

Describing the response as “disappointing”, he said it appeared to be given without taking into account the current legal position and established law regarding the consent of lower riparian states.

Referring to the Constitutional Court judgment between the State of Karnataka and the State of Andhra Pradesh regarding the Alamatti project, the Chief Minister said that the Supreme Court had held that Karnataka cannot undertake such construction without the consent of the lower riparian state and this is absolutely necessary.

Referring to the CWDT Judgment, Vijay said that the Supreme Court had observed Order He said that he clearly approved the article. He argued that any project that could affect the regulated flow of the Cauvery should therefore be reviewed for consistency with the Award.