Stop temporarily all proceedings on the Cases related to Cauvery River Water disputes
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Three Judges Bench, COURT NO. : 2,
HON'BLE MR. JUSTICE DIPAK MISRA,
HON'BLE MR. JUSTICE AMITAVA ROY,
HON'BLE MR. JUSTICE A.M. KHANWILKAR
The Registrar - Supreme Court of India,
Tilak Marg, New Delhi - 110201.
SUBJECT : Prayer to Stop temporarily all proceedings on the Cases related to Cauvery River Water disputes between the State of Karnataka and the State of Tamilnadu (C.A. No.-2453/2007, C.A. No.-2454/2007, C.A. No.-2456/2007) and I.As related to this Case, as the present Government of Tamilnadu has lost its representative character regarding this case – Pray give ‘Cauvery Rights Retrieval Committee’ opportunity to intervene in this case which is representing our Interests - regarding.
It is learnt that the Government of Tamilnadu, contrary to various unanimous resolution of Tamilnadu Legislative Assembly and against the will and wishes of People of Tamilnadu, consented for the Construction of new dams in Mekatatu across the River Cauvery in the Honorable Supreme Court on 17.08.2017.
When a news item appeared in the English daily “Times of India” on 12.11.2014, stating, that the Government of Karnataka had decided to proceed with the construction of two reservoirs at Mekedatu and that the State had invited Global Expression of Interest for the technical feasibility study, immediately the Honorable Chief Minister of Tamilnadu wrote to the Prime Minister a letter dated 12.11.2014 requesting to intervene and advise the Government of Karnataka to withhold the said study and advise it not to take any steps to execute any irrigation, hydro power, lift irrigation schemes or any other scheme in the guise of drinking water supply in the Cauvery Basin of Karnataka without the consent of the Government of Tamil Nadu.
Since there was no response either from the Government of Karnataka or the Government of India, Tamil Nadu filed an I.A., in the Supreme Court on 18.11.2014 (I.A. NO.20 in C.A. No.2453 of 2007), praying to "Direct the State of Karnataka to withdraw the notice inviting Global Expression of interest for Technical Study to construct the two reservoirs at Mekedatu across the river Cauvery; Restrain the State of Karnataka from proceeding with the construction of two reservoirs at Mekedatu across river Cauvery as contemplated by the State of Karnataka or any other new projects across the river Cauvery in Karnataka which are not contemplated and/or permitted in the final decision of the Tribunal; and Direct State of Karnataka to maintain status quo and not to proceed with the construction of any project which is not in consonance with the final decision as notified in the Official Gazette on 19.02.2013 pending disposal of the Civil Appeals and the constitution of the Cauvery Management Board.”
In order to protest the Government of Karnataka’s unilateral approach in taking up new schemes in Cauvery Basin, the Tamilnadu Legislative Assembly unanimously passed a resolution on 05.12.2014 urging the Government of India to intervene and advise the Government of Karnataka to stop the two new Dams proposed at Mekedatu and the schemes proposed to be executed, in the guise of drinking water supply, till the Cauvery Management Board was constituted.
This resolution was forwarded to the Honorable Prime Minister on 12.12.2014 with the request to advise the Government of Karnataka not to take up any new schemes in the river Cauvery.
Again on 27.03.2015 the Tamilnadu Legislative Assembly by its unanimous resolution urged the Government of India to take immediate and appropriate measures to stop the Government of Karnataka from preparing a detailed project report for the Construction of new dams at Mekedatu till the Cauvery Management Board was constituted and became functional.
The People of Tamilnadu across the political spectrum protested the said scheme of Mekedatu Dam and urged Union Government of India to stop any new schemes in Karnataka contrary to the Final Award of the Cauvery Tribunal. But against this well established position of People of Tamilnadu, the present Government of Tamilnadu surprisingly took a U turn and gave its consent for the Construction of dams at Mekedatu in the river Cauvery on 17.08.2017, when Civil Appeals were heard in the Honorable Supreme Court.
By this volt face, the present Government of Tamilnadu has lost its representative character to represent the People of Tamilnadu in the Civil Appeals related to Cauvery issue.
Hence it is submitted that the Honorable Supreme Court may be pleased to stop temporarily all the proceedings in the said civil appeals and give an opportunity and time to us - Cauvery Rights Retrieval Committee, to intervene in this life and death matter of farmers of Cauvery Delta which is representing our interest. As the proceedings on the C.A. are at its closing stage this is our urgent prayer.
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