The Hindu : Bhavani row: tribunal reserves order on T.N. plea

Online edition of India's National Newspaper
Friday, Mar 14, 2003

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Bhavani row: tribunal reserves order on T.N. plea

By Our Legal Correspondent

NEW DELHI MARCH 13. The Cauvery Water Disputes Tribunal today reserved orders on an application from Tamil Nadu to restrain Kerala from proceeding with construction of a weir across the Bhavani near Mukkali for a westward diversion of water.

The Tribunal, comprising Justice N.P. Singh, Justice N.S. Rao and Justice S.N. Agarwal, reserved orders at the conclusion of three-day arguments from counsels for Tamil Nadu and Kerala.

In its rejoinder to Kerala's response, Tamil Nadu said that a perusal of the affidavit would show that Kerala was continuing with the construction activities in non-forest area, notwithstanding the orders of the Tribunal that nothing should be done to make the application infructuous.

Tamil Nadu further said that it had come to light that another check dam near Chindakki village had been constructed, two km above Mukkali village across the right side arm of the Bhavani.

A lined channel, with a carrying capacity of 15 cusecs taking off from the right side of the check dam to irrigate an extent of around 2,500 acres lying between the canal and the river, had also been constructed.

Senior counsel for the State, C.S. Vaidyanathan, brought to the notice of the Tribunal that the sanction obtained earlier by Kerala from the Centre was only for the construction of a weir across a stream in Mukkali.

But it had misused the sanction and was constructing the weir across the Bhavani, he said.

Referring to the contention that the application was bereft of details, he said it was only for Kerala to submit all the particulars to the Tribunal and explain the position.

The Ministers of the two States who held talks last month could not arrive at an amicable settlement and it had been left to the decision of the Tribunal, he said, and sought a direction to restrain Kerala from going ahead with the project as it would adversely affect the interests of the State.

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