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Bhavani row: Tribunal issues notice to Kerala

By Our Special Correspondent

NEW DELHI Feb. 7. The Cauvery Water Disputes Tribunal today, while issuing notice to Kerala on a petition from Tamil Nadu alleging that Kerala had started construction of a weir across Bhavani river for diversion of water towards the western side, said "nothing should be done (till March 6) to render the petition infructuous."

The Tribunal, comprising Justice N.P. Singh, N.S. Rao, and Justice S.N. Agarwal gave this direction after counsel for Kerala accepted the notice and sought time to file reply.

The Tribunal asked Kerala to file its reply within two weeks and rejoinder if any by Tamil Nadu, within a week thereafter, and posted the petition for March 6.

In its supplementary petition filed after an on-the-spot visit, the Chief Engineer, Water Resources Organisation, Pollachi region, Coimbatore, R. Bharathalwar, submitted that work had started for the construction of the weir and excavation of a link canal was in progress.

He said the total cost of the project was estimated at Rs. 275.20 lakhs and even a small cut towards west would send all the waters down towards the west in the Anamooli valley in Bharathapuzha basin, which was already surplus. The channel to take the flow towards the west was nearing completion and once the check-dam was built, waters would find their way west.

Senior counsel for Tamil Nadu, C.S. Vaidyanathan, explaining the consequences of the weir construction, pleaded for a direction to restrain Kerala from proceeding with the work. Citing various apex court judgments, he said the Tribunal had ample powers to order an interim injunction.

However, senior counsel for Kerala, Rajeev Dhavan, argued that the Tribunal had no powers to pass an interim injunction and it could only pass an interim award. He also pointed out that in the absence of a specific reference about this project, the Tribunal could not pass any order, as it would be outside its jurisdiction.

He also brought to the notice of the Tribunal that the concerned Ministers of the two States were to hold talks soon to arrive at an amicable settlement. Hence any order passed by the Tribunal at this stage would adversely affect the talks.

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