The Hindu : Bhavani row: Karnataka backs Kerala

Online edition of India's National Newspaper
Thursday, Mar 13, 2003

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National

Bhavani row: Karnataka backs Kerala

By J. Venkatesan

NEW DELHI MARCH 12. With Kerala strongly defending before the Cauvery Water Disputes Tribunal the construction of a check dam across the Bhavani near Mukkali and Karnataka supporting it, the row has taken a new turn.

On an application from Tamil Nadu last month, the tribunal, comprising the Chairman, Justice N.P. Singh, N.S. Rao and Justice S.N. Agarwal, ordered status quo and asked Kerala to file its response.

Tamil Nadu had alleged that Kerala was going ahead with the construction of the weir and a link canal and prayed for a direction to restrain the State.

In its response, Kerala justified the construction and said the project at Mukkali envisaged only the use of 0.718 tmcft of water to provide drinking water to 22,000 persons in the most backward and drought-affected areas of Mannarkkad, Anamooli and Thenkara villages in the Attapady valley region and for minor irrigation of a mere 2,000 hectares.

It said Tamil Nadu was attempting to prevent Kerala from utilising its share of 2.5 tmcft of water under the agreement to provide Siruvani water to Coimbatore. And it was only seeking to use 0.718 tmcft of the 2.5 tmcft.

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

Contending that Tamil Nadu had not made out a case as to how diversion of 0.718 tmcft of water would affect its interests, counsel sought dismissal of Tamil Nadu's application.

In its response, Karnataka said diversion of water outside the Cauvery basin was not permissible. However, its counsel argued that in the given circumstances with Kerala seeking to use only 0.718 tmcft of water, the project could be permitted.

Senior counsel for Tamil Nadu, C.S. Vaidyanathan, cited various apex court judgments and said the tribunal had ample powers to order an interim injunction as it was adjudicating into all issues pertaining to the Cauvery water dispute.

In its fresh application, Tamil Nadu sought a direction to order a joint inspection of the site by the assessor and engineers of both Tamil Nadu and Kerala and a direction to the latter to submit all the documents relating to the check dam project.

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