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New Delhi: Tamil Nadu has moved the Supreme Court asserting that it has a right to seek an injunction to restrain Karnataka from illegally diverting Cauvery water.
In a fresh application filed in the apex court, Tamil Nadu submitted that "any storage, which has the effect of diversion of water for irrigation and not provided for in the final Tribunal order, cannot be permitted to be undertaken by the State of Karnataka."
According to Tamil Nadu, the neighbouring State had been constructing several check dams across Hemavathy, Kabini, Suvarnavathy, apart from taking up minor irrigation works in non-scheduled streams in violation of the award passed by the Tribunal in February 2007.
It was stated that opening of Mettur Reservoir in Tamil Nadu for irrigation depends not only on the storage at the beginning, but also on the anticipated, sustained inflows during the subsequent months to cater to the crops raised in fields spread over 12 lakh acres.
Tamil Nadu contended is that the inflows have been largely affected as Karnataka was impounding excess water over and above its share by constructing the check dams and taking up minor irrigation projects.
It urged the apex court to restrain Karnataka from going ahead with construction of additional projects and ensure adequate water to Tamil Nadu as awarded by the Tribunal.
Karnataka had earlier filed a counter affidavit questioning Tamil Nadu's plea to restrain it from going ahead with the project.
The argument of Karnataka is that Tamil Nadu cannot seek any interim injunction since the state had taken a stance that a decision on the Tribunal's Award is not likely to be published in the gazette until a reference to the final order made under Section 5 (3) of the Inter State River Waters Disputes Act 1956 is disposed off.
Under the said Section, the Award of the Tribunal would become final and binding only after the reference is disposed off.
sifynews.com; Tuesday, 25 March , 2008, 20:54
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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