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Vijay Writes To PM Modi, Objects To Jal Shakti Ministry's Reply On Mekedatu

The ministry, he said, "has stated that the judgment of the Hon'ble Supreme Court dated 16 February 2018 does not expressly stipulate that Karnataka should obtain the consent of the lower riparian States before constructing a structure across the River Cauvery".

Vijay Writes To PM Modi, Objects To Jal Shakti Ministry's Reply On Mekedatu
  • Chief Minister Vijay has urged PM Modi to withdraw the Jal Shakti ministry's reply and ensure safeguards
  • The ministry had said the 2018 Supreme Court judgment doesn't make consent from downstream states mandatory
  • Tamil Nadu maintains the top court had ruled that upstream states need consent of downstream states for dams
Chennai:

Tamil Nadu Chief Minister Vijay has written to Prime Minister Narendra Modi objecting to Jal Shakti Ministry's recent reply on the Mekedatu dam issue in parliament.  Calling the response disappointing, he said it appears to have been made without "without taking into consideration the prevailing legal position and settled law with regard to the consent of the lower riparian states".

The ministry, he said, "has stated that the judgment of the Hon'ble Supreme Court dated 16 February 2018 does not expressly stipulate that Karnataka should obtain the consent of the lower riparian States before constructing a structure across the River Cauvery".

Under the 2018 Supreme Court judgment, states that are upstream of Cauvery cannot build any dams or reservoirs without the consent of the states located downstream. In this case, Karnataka will need the consent of Tamil Nadu, Kerala and the Union Territory of Puducherry to build the Mekedatu dam. 

Read: Vijay Urges PM Modi To Reject Mekedatu Dam Proposal Ahead Of Delhi Visit

But in a recent reply in Rajya Sabha to a query by Anbumani Ramadoss, the ministry said  "The final judgment of the Hon'ble Supreme Court dated February 16, 2018, on the Cauvery water dispute does not explicitly or expressly stipulate that Karnataka must obtain the prior consent or a 'no-objection' certificate from other lower riparian States, including Tamil Nadu, to construct any structure across the river within its own territory."

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Congress footmarch seeking the dam at Medekatu. 

The response comes a month after Karnataka leaders met the ministry seeking help with the "balancing reservoir" at Mekedatu (meaning "Goat's Crossing"), located near Kanakapura in the Ramanagara district. 

Tamil Nadu has contended that the project is also in contravention to the decision of the Cauvery Water Tribunal, which has been upheld by the Supreme Court. 

In his letter, Vijay urged PM Modi to ensure that the ministry's Rajya Sabha reply be withdrawn. 

Read: TVK Moves Resolution Against Karnataka's Mekedatu Project, Ally Congress Supports

He also requested that the Union government ensure three safeguards before considering the project further - including an assurance that no statutory or administrative approval will be granted to the project until it is proved to be consistent with the Tribunal Award and the Supreme Court judgment.

Vijay's letter underscores the key legal point as he hopes to sort out the dam issue through dialogue with Karnataka. He is expected to travel to Bengaluru on August 3 in response to Karnataka's invitation for talks on the matter. 

The state's opposition parties have urged Vijay not to visit Karnataka for talks, contending that it could become setback for Tamil Nadu legally in the Supreme Court. Farmers' associations have also spoken against the proposed visit. 

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