Southern States - Tamil Nadu   

Bhavani case: Kerala files counter in Madras HC

By Our Staff Reporter

CHENNAI FEB. 11. The Kerala Government has claimed that it started the controversial Mukali weir project across the Bhavani river only because Tamil Nadu diverted the entire water by constructing three dams across the river.

In its counter-affidavit in the Madras High Court, filed in response to a petition seeking to stall the project, Kerala has also alleged that Tamil Nadu's action had "caused severe drought in the downstream areas in Kerala and affected the livelihood of farmers and tribals in the region".

"As per the Siruvani Drinking Water Supply Agreement, Tamil Nadu is expected to utilise only 1.3 tmcft from the Bhavani basin and Kerala's entitlement is about 2.5 tmcft. But, in reality, Tamil Nadu is utilising the whole 36 tmcft of water during the last many decades, and at the same time vehemently objecting to a minor diversion work benefiting the people of Kerala", the counter said.

Stating that the two-metre high weir will not store any water, it said the proposal was to use only the surplus water of the river, than diverting the river to the Kerala side. "What is proposed in only a vented weir with shutters, which will not come within the ambit of a check dam", it added.

The counter also questioned the competence of the Madras High Court to entertain such petitions involving the interests of two States. Citing the Water Dispute Act 1956, it said since the present case was an inter-State dispute falling under Article 262 of the Constitution, no court, including the High Court of Madras, has jurisdiction to `entertain, deal with or proceed to adjudicate such matters'. Questioning the very locus standi of the petitioner - R. Gopaljee of the Tamil daily Dinamalar - the counter pleaded for the dismissal of the petition as not maintainable. The First Bench, comprising the Chief Justice B. Subhashan Reddy and Justice S. Jagadeesan posted the matter to March 13 for further hearing.

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