Tamil Nadu Chief Minister C. Joseph Vijay has written to Prime Minister Narendra Modi objecting to the Centre’s reply on the Mekedatu dam project.
He said the reply overlooked the Cauvery Water Disputes Tribunal Award and Supreme Court principles requiring consent of lower riparian states.
Vijay sought withdrawal of the reply and asked that no approval be given to the project unless it complies with the Tribunal Award and court judgments.
Tamil Nadu Chief Minister C. Joseph Vijay has written to Prime Minister Narendra Modi describing the Centre’s reply in the Rajya Sabha on the proposed Mekedatu dam project as “disappointing” and urging the government to withdraw it.
The letter follows a written reply by the Union Minister of State for Jal Shakti to an unstarred question (No. 876) in the Rajya Sabha on 27 July, raised by PMK president and MP Anbumani Ramadoss. The Minister stated that the Supreme Court’s 16 February 2018 judgment on the Cauvery water dispute did not expressly require Karnataka to obtain the consent of the lower riparian states before constructing a structure across the Cauvery River.
Vijay contended that the reply overlooked the final award of the Cauvery Water Disputes Tribunal (CWDT) and the settled legal principles governing inter-state river disputes. “Protecting the integrity of the Tribunal Award and the judgment of the Supreme Court is essential for maintaining confidence in the constitutional mechanism governing inter-State rivers,” he said, seeking the Prime Minister’s intervention “in the larger interest of justice, federal harmony and faithful implementation of judicial decisions.”
Referring to the Supreme Court’s Constitution Bench judgment in the Karnataka-Andhra Pradesh Almatti case, Vijay said the apex court had made it clear that an upper riparian state must obtain the consent of lower riparian states before raising the height of a dam and that such a project also requires the approval of the Union government. “In the Karnataka-Andhra Pradesh Almatti case, the apex court has ruled that consent of lower riparian state is absolutely necessary,” he stated. He therefore urged that the Minister’s reply, issued without referring to the settled law, be withdrawn.
On the CWDT Award, Vijay noted that the Supreme Court had upheld Clause XVIII, which permits states to regulate water within their territories only in accordance with the Tribunal’s directions. Any project capable of affecting the regulated flow of the Cauvery must therefore be examined for consistency with the Award. He also cited the Tribunal’s observations on Kerala’s Pambar Hydroelectric Project, which underlined the importance of coordinated regulation of releases to protect downstream interests, and referred to Clauses XI and XX requiring consultation and mutual agreement before any upper riparian state takes action affecting scheduled deliveries. Any modification to the Award, he said, could only be made through agreement among the party states.
Vijay asserted that the proposed Mekedatu project could not be treated merely as an engineering proposal. Its legal permissibility must first be examined in the light of the final CWDT Award, the Supreme Court’s 16 February 2018 judgment and the rights of the lower riparian states. He pointed out 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, demonstrating that compliance remained an indispensable precondition.
The Chief Minister urged the Prime Minister to 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’s judgment. He called on the Centre to safeguard the rights of the lower riparian states both in the quantity of water allocated and the regulated pattern of releases. “Any future consideration of the project shall be undertaken only after a comprehensive technical and legal examination, taking into account the concerns of all lower riparian States,” he said.
Describing the Cauvery as “the lifeline of millions of farmers and citizens across southern India,” Vijay reiterated that protecting the integrity of the Tribunal Award and the Supreme Court judgment was essential to maintaining confidence in the constitutional framework governing inter-state rivers. The letter comes a week ahead of Vijay’s proposed meeting with Karnataka Chief Minister D.K. Shivakumar on the release of Cauvery water.
