Tamil Nadu goes to SC on NGT closing case on Mekedatu

Chennai: The National Green Tribunal (NGT) closing its own suo motu proceedings on Karnataka reportedly making preparations to build a dam across River Cauvery at Mekedatu without obtaining necessary environmental clearance has prompted the Tamil Nadu government to move the Supreme Court.

In its appeal in the Supreme Court, Tamil Nadu alleged that the NGT Southern Zone, without recording any reasons, had disposed of the suo motu proceedings initiated by it on May 21 and also the review application filed by Karnataka on June 9 seeking the closure of the proceedings.

It was a newspaper report with the headline, ‘Construction activity near proposed Mekedatu dam evokes unease in TN,’ that led to the NGT appointing a joint committee to make a spot inspection to find out if the allegations were true.

Since the NGT closed its suo moto proceedings on the first day of hearing of Karnataka’s review application, seeking recall of the order, Tamil Nadu claimed that it was not given an opportunity to file its reply.

Tamil Nadu had said that NGT failed to take into account the fact that the application pending adjudication challenged the Detailed Project Report for the Mekedatu dam and drinking water project itself.

It said the original application related to Karnataka starting to lay roads without clearance under the Environment Impact Assessment Notification, 2006, and without ascertaining the impact the project would have on reserve forests and wildlife sanctuaries.

The NGT had actually appointed a committee with a senior member of the Bangalore regional office of the Ministry of Environment, Forests & Climate Change, a senior officer of the Cauvery Water Management Authority, a senior officer of the Cauvery Neeravari Nigam Limited and a senior Officer not below the rank of additional conservator of the Karnataka Forest Department to check on the ground reality and submit a report before July 5.

The Mekedatu project, if implemented, would take up 5252.40 hectares of land. Of it, 4996 hectares would go under water - 3181.9 hectares of Cauvery Wildlife Sanctuary, 1869.5 hectares of reserve forest, and 201 hectares of revenue land – while 256.40 hectares would go for construction activities.

Tamil Nadu has been raising objections to the dam construction since it would obstruct the flow of Cauvery water to the State, resulting in delta farmers suffering from water shortage to raise crops.

Also as a lower riparian State, entitled to the use of Cauvery water, Tamil Nadu has the right to object to the construction of any dam or diversion of water by Karnataka.