Case Note & Summary
The Supreme Court of India disposed of Miscellaneous Application No. 3127 of 2018 filed by the State of Tamil Nadu seeking to stay the permission granted by the Central Water Commission (CWC) on 22.11.2018 to the State of Karnataka for preparation of a Detailed Project Report (DPR) for the Mekedatu Balancing Reservoir cum Drinking Water project. The application was filed in the context of Civil Appeal No. 2453 of 2007, which related to the Cauvery water dispute. The State of Tamil Nadu contended that the Mekedatu project would violate the final award of the Cauvery Water Disputes Tribunal (CWDT) and the scheme framed under Section 5A of the Inter-State River Water Disputes Act, 1956. The State of Karnataka argued that the permission was only for preparation of a DPR and did not constitute final approval, and that the project was intended to utilize its share of water within the Cauvery basin. The Court examined the scope of the CWC's permission and the relevant provisions of the Inter-State River Water Disputes Act, 1956, and the Cauvery Management Scheme. The Court held that the permission for DPR preparation was a preliminary step and did not amount to any final authorization for construction. The Court directed that once the DPR is prepared, it must be placed before the Cauvery Water Management Authority (CWMA) for consideration. The CWMA, being the expert body under the Cauvery Management Scheme, would examine the project's compliance with the CWDT award and the Act. The Court dismissed the application for stay and disposed of the connected contempt petition and other miscellaneous applications, emphasizing that no further steps should be taken without the CWMA's approval. The judgment was delivered by a bench comprising Chief Justice B.R. Gavai and Justice J.B. Pardiwala.
Headnote
A) Inter-State River Water Disputes - Mekedatu Project - Detailed Project Report - Permission by Central Water Commission - The State of Tamil Nadu sought to stay the permission granted by the Central Water Commission to Karnataka for preparation of DPR for Mekedatu project, alleging violation of the Cauvery Water Disputes Tribunal Award and the scheme framed under Section 5A of the Inter-State River Water Disputes Act, 1956. The Court held that the permission for preparation of DPR does not amount to final approval and does not violate any existing orders or awards. The Court directed that the DPR be placed before the Cauvery Water Management Authority for consideration before any further steps are taken. (Paras 1-18) B) Inter-State River Water Disputes - Cauvery Water Management Authority - Role in Mekedatu Project - The Court held that the Cauvery Water Management Authority, established under the Cauvery Management Scheme, is the appropriate forum to consider the DPR for the Mekedatu project. The Authority must examine the project's compliance with the Cauvery Water Disputes Tribunal Award and the Inter-State River Water Disputes Act, 1956. (Paras 19-30) C) Inter-State River Water Disputes - Judicial Restraint - Separation of Powers - The Court declined to interfere with the permission for DPR preparation, emphasizing that technical and policy decisions regarding water resources are best left to expert bodies. The Court noted that it would not substitute its judgment for that of the Central Water Commission or the Cauvery Water Management Authority. (Paras 31-40)
Issue of Consideration
Whether the permission granted by the Central Water Commission on 22.11.2018 to the State of Karnataka to prepare a Detailed Project Report for the Mekedatu Balancing Reservoir cum Drinking Water project is valid and whether the State of Karnataka should be restrained from proceeding with the preparation of the DPR.
Final Decision
The Supreme Court dismissed the application for stay and disposed of the miscellaneous application, contempt petition, and other connected applications. The Court directed that the DPR, once prepared, shall be placed before the Cauvery Water Management Authority for consideration before any further steps are taken.
Law Points
- Inter-State River Water Disputes Act
- 1956
- Section 5A
- Section 11
- Cauvery Water Disputes Tribunal Award
- Cauvery Management Scheme
- Doctrine of Riparian Rights
- Doctrine of Equitable Apportionment
- Principle of Judicial Restraint
- Doctrine of Separation of Powers
